Byrne v. Osias
This text of 13 A.D.2d 478 (Byrne v. Osias) 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.
Opinion
Appeal by defendant Crystal Hall, Inc., from an order entered December 21, 1960 denying its motion to dismiss the complaint for legal insufficiency dismissed, with $20 costs and disbursements to respondent. An amended complaint has been served," thereby displacing the original complaint. The appeal has therefore been rendered moot (e.g., Mannaberg v. Culbertson, 202 App. Div. 1013; Gilchrest House V. Guaranteed Tit. & Mtge. Co., 276 App. Div. 778; Millard v. Delaware, Lackawanna & Western R. R. Co., 204 App. Div. 80). Concur — Botein, P. J., Breitel, Rabin, Stevens and. Bergan, JJ.
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Cite This Page — Counsel Stack
13 A.D.2d 478, 212 N.Y.S.2d 102, 1961 N.Y. App. Div. LEXIS 11933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrne-v-osias-nyappdiv-1961.