Miglietta v. Kennecott Copper Corporation

Full title: J. ROMEO MIGLIETTA et al., v. KENNECOTT COPPER CORPORATION

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

Date published: Dec 15, 1964

22 A.D.2d 874 (N.Y. App. Div. 1964)

Opinion

December 15, 1964

Motion to dismiss appeal from an order denying a motion to dismiss a complaint for insufficiency is granted, without costs. The service of an amended complaint renders the appeal — involving the original complaint — moot. ( Byrne v. Osias, 13 A.D.2d 478; Millard v. Delaware, Lackawanna Western R.R. Co., 204 App. Div. 80; Rockville Park Homes v. Blumenfeld, 282 App. Div. 895.) The complaint in question does contain amendments. This suffices to supplant the old complaint and the fact that it has supplemental matter is immaterial.

Concur — Breitel, J.P., Valente, McNally, Eager and Steuer, JJ.