Bennett v. City of New York

Appellate Division of the Supreme Court of New York

Bennett v. City of New York

65 A.D.2d 731, 411 N.Y.S.2d 185, 1978 N.Y. App. Div. LEXIS 13520

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 21, 1978

StatusPublished

Cited by3 cases

This text of 65 A.D.2d 731 (Bennett v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. City of New York, 65 A.D.2d 731, 411 N.Y.S.2d 185, 1978 N.Y. App. Div. LEXIS 13520 (N.Y. Ct. App. 1978).

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Opinion

—Appeal from order, Supreme Court, New York County, entered April 1, 1977, denying defendants’ motion for summary judgment to dismiss the amended complaint, unanimously dismissed as moot, without costs or disbursements. After the order on appeal was made, plaintiff pursuant to its terms, served a second amended complaint. That pleading, not before us, supersedes the pleading attacked on appellants’ motion. In view of the service of the second amended complaint, we dismiss this appeal as moot. (See Guibor v Manhattan Eye, Ear & Throat Hosp., 56 AD2d 359, 361, mot to dismiss app den 43 NY2d 950; Langer v Garay, 30 AD2d 942; Miglietta v Kennecott Copper Corp., 22 AD2d 874; Byrne v Osias, 13 AD2d 478.) Concur — Kupferman, J. P., Birns, Silverman, Fein and Lane, JJ.

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—Appeal from order, Supreme Court, New York County, entered April 1, 1977, denying defendants’ motion for summary judgment to dismiss the amended complaint, unanimously dismissed as moot, without costs or disbursements. After the order on appeal was made, plaintiff pursuant to its terms, served a second amended complaint. That pleading, not before us, supersedes the pleading attacked on appellants’ motion. In view of the service of the second amended complaint, we dismiss this appeal as moot. (See Guibor v Manhattan Eye, Ear & Throat Hosp., 56 AD2d 359, 361, mot to dismiss app den 43 NY2d 950; Langer v Garay, 30 AD2d 942; Miglietta v Kennecott Copper Corp., 22 AD2d 874; Byrne v Osias, 13 AD2d 478.) Concur — Kupferman, J. P., Birns, Silverman, Fein and Lane, JJ.

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Bluebook (online)

65 A.D.2d 731, 411 N.Y.S.2d 185, 1978 N.Y. App. Div. LEXIS 13520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-city-of-new-york-nyappdiv-1978.

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