Subsequent to the denial of defendant-appellant's motion to dismiss, the plaintiff served a second amended complaint, and a motion has been made by the defendant to dismiss the second amended complaint, and this motion is presently pending before Special Term. An amended pleading, when served, takes the place of the original pleading. (Branower & Son v Waldes, 173 App Div 676.) Thus, the appeal from the order based on the first amended complaint pleading, is rendered...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
