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TANNER v. STACK

9982N, 153234/18.

176 A.D.3d 429 (2019)

107 N.Y.S.3d 660

2019 NY Slip Op 07039

Lester J. Tanner, Appellant, v. Shari Stack et al., Respondents.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Lester J. Tanner, New York, appellant pro se.

Sherman Wells Sylvester & Stamelman LLP, New York ( Joshua S. Bratspies of counsel), for respondents.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.

By the time plaintiff moved for leave to amend, the original complaint had already been dismissed; hence, "there was no complaint left before the court to amend" (Jeffrey L. Rosenberg & Assoc. v Kadem Capital Mgt., 306 A.D.2d 155, 156 [1st Dept 2003]; see generally Wadsworth Ave. Assoc. v Maynard, 91 A.D.3d 452, 453 [1st...

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