Serusa v. Serusa

Appellate Division of the Supreme Court of New York

Serusa v. Serusa

94 A.D.2d 979, 464 N.Y.S.2d 61, 1983 N.Y. App. Div. LEXIS 18489

Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1983·Published

Opinion

— Motion granted and appeal dismissed as moot. Memorandum: Plaintiff appeals from that part of an order which granted the defendant’s motion to amend the answer. The order also granted plaintiff’s cross motion to amend the complaint. The service of an amended complaint renders the appeal moot, since the defendant is now required to serve a new answer to the amended complaint (see 10 Carmody-Wait 2d, NY Prac, § 70:262). Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ. [Order entered May 20, 1983.]

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— Motion granted and appeal dismissed as moot. Memorandum: Plaintiff appeals from that part of an order which granted the defendant’s motion to amend the answer. The order also granted plaintiff’s cross motion to amend the complaint. The service of an amended complaint renders the appeal moot, since the defendant is now required to serve a new answer to the amended complaint (see 10 Carmody-Wait 2d, NY Prac, § 70:262). Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ. [Order entered May 20, 1983.]

Serusa v. Serusa, 94 A.D.2d 979, 464 N.Y.S.2d 61, 1983 N.Y. App. Div. LEXIS 18489 (N.Y. Ct. App. 1983).

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94 A.D.2d 979 (Serusa v. Serusa) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.