Armstrong Trading, Ltd. v. MBM Enterprises
This text of 29 A.D.3d 834 (Armstrong Trading, Ltd. v. MBM Enterprises) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (Kramer, [835]*835J.), dated October 3, 2003, which granted the defendants’ cross motion to vacate a judgment of the same court dated October 19, 2001, entered upon the defendants’ default in appearing or answering the complaint, which is in favor of the plaintiff and against them in the principal amount of $178,737.60.
Ordered that the appeal is dismissed, without costs or disbursements.
The plaintiffs appeal from the order dated October 3, 2003, must be dismissed, as that order was superseded by an order of the same court (Kramer, J.), dated January 27, 2005 (see Armstrong Trading, Ltd. v MBM Enters., 29 AD3d 834 [2006] [decided herewith]). Florio, J.P., Ritter, Krausman and Covello, JJ., concur.
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Cite This Page — Counsel Stack
29 A.D.3d 834, 814 N.Y.S.2d 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-trading-ltd-v-mbm-enterprises-nyappdiv-2006.