General
James A. Byrne, Individually and Formerly Doing Business as Czech Frozen Pastry Company, Respondent, v. Zack C. Osias et al., Individually and as Copartners under the Name of 357 East 71st Street Company, Defendants, and Crystal Hall, Inc., Appellant
13 A.D.2d 478·New York Supreme Court, Appellate Division·1961·NY
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Opinion
James A. Byrne, Individually and Formerly Doing Business as Czech Frozen Pastry Company, Respondent, v. Zack C. Osias et al., Individually and as Copartners under the Name of 357 East 71st Street Company, Defendants, and Crystal Hall, Inc., Appellant.
[MAJORITY]
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.