BAKER v. 16 SUTTON PLACE APARTMENT CORPORATION


2 A.D.3d 119 (2003)

768 N.Y.S.2d 198

ALIXANDRA C. BAKER et al., Respondents, v. 16 SUTTON PLACE APARTMENT CORPORATION, Appellant.

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

December 2, 2003.


While the amended complaint superseded the original complaint, and defendant's appeal of the partial denial of its motion for summary judgment dismissing the original complaint is therefore moot (see Hummingbird Assoc. v Dix Auto Serv., 273 A.D.2d 58 [2000], lv denied 95 N.Y.2d 764 [2000]), the prior grant of defendant's cross motion for summary judgment insofar as it sought dismissal of plaintiffs' causes for gross negligence...

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