4759-4760-4761-4762-4763-4764. JAMES L. MELCHER, plf-ap, v. APOLLO MEDICAL FUND MANAGEMENT L.L.C. def-res — Patterson Belknap Webb & Tyler, LLP, New York (Stephen P. Younger of counsel), for ap — Windels Marx Lane & Mittendorf, LLP, New York (Scott R. Matthews of counsel), for res — Judgment, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered February 2, 2010, bringing up for review an order, same court (Donna M. Mills, J.), entered September 8, 2009, reversed, on the law, without costs, the judgment vacated, the equitable estoppel verdict set aside, the cause of action for breach of contract reinstated, judgment on liability granted in favor of plaintiff on the breach of contract cause of action, and the matter remanded for an assessment of damages on that cause of action and for a hearing on plaintiff's allegations of spoliation and fraud. Appeal from the aforesaid order, dismissed, without costs, as subsumed in the appeal from the judgment.

Opinion by Richter, J. All concur.

Order filed.