Defendants' motions to dismiss were fully briefed, oral argument was held, and plaintiffs were afforded the opportunity of a surreply. Plaintiffs' decision to amend the complaint two business days before the court issued its order made it impossible for defendants to respond in any substantive manner. Plaintiffs' amended complaint did not moot the motions to dismiss, and the court properly directed the motions toward the original complaint (see Sage Realty Corp. v Proskauer...
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