Daniel D. Cole & Co., Inc., Respondent, v. 630 Corporation et al., Defendants; Arnold Greenstein, Appellant, and Sandra Greenstein, Respondent. (Action No. 1.); Abraham J. Yasgour, Plaintiff, v. Daniel D. Cole & Co., Inc., Respondent, and Arnold Greenstein, Defendant and Third-Party Plaintiff-Appellant. Peter Zeltner et al., Third-Party Defendants. (Action No. 2)

Daniel D. Cole & Co., Inc., Respondent, v 630 Corporation et al., Defendants; Arnold Greenstein, Appellant, and Sandra Greenstein, Respondent. (Action No. 1.) Abraham J. Yasgour, Plaintiff, v Daniel D. Cole & Co., Inc., Respondent, and Arnold Greenstein, Defendant and Third-Party Plaintiff-Appellant. Peter Zeltner et al., Third-Party Defendants. (Action No. 2) [MAJORITY] In an action to recover damages for breach of contract and conspiracy to defraud (action No. 1), and an interpleader action (action No. 2), Arnold Greenstein appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), entered May 2, 1988 as denied, inter alia, his motion to dismiss the second cause of action in action No. 1, insofar as it is asserted against him, (2) from an order of the same court, also entered May 2, 1988, which denied his motion to consolidate action No. 1 with action No. 2, and (3) as limited by his brief, from stated portions of an order of the same court, entered August 24, 1988, which, inter alia, denied his motions for leave to reargue certain prior motions. Ordered that the appeals are dismissed, with one bill of costs, as academic, and because no appeal lies from an order denying reargument. In light of our determination in Cole & Co. v 630 Corp. (150 AD2d 328 [decided hérewith]), upholding the appellant’s stipulation of settlement with the plaintiff in action No. 1, the issues raised on these appeals have been rendered academic. Thompson, J. P., Bracken, Kunzeman and Spatt, JJ., concur.