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BYRNE v. OSIAS

13 A.D.2d 478 (1961)

James A. Byrne, Individually and Formerly Doing Business as Czech Frozen Pastry Company, Respondent, v. Zack C. Osias et al., Individually and as Copartners under the Name of 357 East 71st Street Company, Defendants, and Crystal Hall, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1961

Appeal by defendant Crystal Hall, Inc., from an order entered December 21, 1960 denying its motion to dismiss the complaint for legal insufficiency dismissed, with $20 costs and disbursements to respondent.

An amended complaint has been served, thereby displacing the original complaint. The appeal has therefore been rendered moot (e.g., Mannaberg v. Culbertson, 262 App. Div. 1013; Gilchrest House v. Guaranteed Tit. & Mtge. Co., 276 App. Div. 778...

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