Opinion
December 4, 1961
In an action to recover damages for breach of contract, defendant appeals from the following three orders of the Supreme Court, Queens County: (1) an order dated February 1, 1961, denying his motion, pursuant to rule 103 of the Rules of Civil Practice, to strike out certain paragraphs from the second amended complaint; (2) an order dated March 3, 1961, made upon reargument, and again denying his said motion; and (3) an order dated April 5, 1961, denying his motion to resettle the order made on the reargument. Appeal from the original order dated February 1, 1961, dismissed as academic; such order was superseded by the order of March 3, 1961, made on reargument. Orders, dated respectively March 3, 1961 and April 5, 1961, affirmed, with one bill of $10 costs and disbursements. No opinion. Defendant's time to answer the second amended complaint is extended until 20 days after entry of the order hereon. Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.