Ordered that the appeal from the order dated July 21, 2006 is dismissed, as that order was superseded by the money judgment; and it is further,
Ordered that the money judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
To the extent the appellant raises any arguments pertaining to a prior order dated March 13, 2003, from which its appeal was dismissed for lack of prosecution, these arguments are not properly before the Court in the context of this appeal ( see Gihon, LLC v 501 Second St., LLC, 29 AD3d 628, 628-629).
The defendant's remaining contentions are without merit.