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LAMBERTI v. 30 REAL ESTATE CORP.

8 A.D.3d 211 (2004)

778 N.Y.S.2d 690

JOSEPH LAMBERTI, Appellant, v. 30 REAL ESTATE CORP. et al., Respondents.

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

June 29, 2004.

Where, as here, an amended complaint has been filed, issues involving the original complaint are rendered academic, thereby warranting dismissal of the appeal (cf. Bennett v City of New York, 65 A.D.2d 731 [1978]). Were we to consider plaintiff's challenges to the disposition of defendants' motion to dismiss on the merits, we would find his arguments unavailing. Accusations of mismanagement...

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