STEVEN KANE res, v. PETER M. MOORE CONSTRUCTION CO., INC., res-ap, NICHOLAS SCAGLIONE, ETC., APPELLANT-res — (INDEX NO. 680/11) In an action, inter alia, to recover damages for personal injuries, (1) (a) the defendant Nicholas Scaglione, as the executor of the estate of Leslie Scaglione, appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bruno, J.), entered February 27, 2014, as, upon reargument, vacated so much of the determination in an order of the same court dated July 10, 2013, as, in effect, granted those branches of his motion which were for summary judgment dismissing the cause of action alleging commonlaw negligence and all cross claims insofar as asserted against him in his capacity as the executor of the estate of Leslie Scaglione, and thereupon denied those branches of his motion, and (b) the defendant Peter M. Moore Construction Co., Inc., separately appeals, as limited by its brief, from so much of the same order as, upon reargument, vacated so much of the determination in the order dated July 10, 2013, as granted those branches of its motion which were for summary judgment dismissing so much of the cause of action alleging a violation of Labor Law §241(6) as was predicated on a violation of Industrial Code (12 NYCRR) §23.1-7(d), the cause of action alleging common-law negligence, and all cross claims insofar as asserted against it, and thereupon denied those branches of its motion, and (2) (a) the defendant Nicholas Scaglione, as the executor of the estate of Leslie Scaglione, appeals, as limited by his brief, from so much of an order of the same court entered October 15, 2014, as, upon reargument, adhered to so much of its determination in the order entered February 27, 2014, as, upon reargument, vacated so much of the determination in the order dated July 10, 2013, as, in effect, granted those branches of his motion which were for summary judgment dismissing the cause of action alleging commonlaw negligence and all cross claims insofar as asserted against him in his capacity as the executor of the estate of Leslie Scaglione, and thereupon denied those branches of his motion, and (b) the defendant Peter M. Moore Construction Co., Inc., cross-appeals, as limited by its brief, from so much of the same order as (i) denied its motion for leave to reargue its opposition to the plaintiff’s prior motion for leave to reargue, and (ii), upon reargument, vacated so much of the determination in the order entered February 27, 2014, as, upon reargument, vacated the determination in the order dated July 10, 2013, granting those branches of the motion of the defendant Nicholas Scaglione which were for summary judgment dismissing the complaint and all cross claims insofar as asserted against him in his individual capacity, and thereupon denying those branches of the motion, and thereupon adhered to the determination in the order dated July 10, 2013.
ORDERED that the appeal by the defendant Nicholas Scaglione from the order entered February 27, 2014, is dismissed, as the portion of the order appealed from by that defendant was superseded by the order entered October 15, 2014, made upon reargument; and it is further,
