Samuelson v. Starr

The defendants, except Rhoda Schwartz, move to dismiss the amended complaint on the ground that this court has no jurisdiction of the subject matter of the action or, in the alternative, on the ground of legal insufficiency.

Defendants’ initial argument that this amended complaint must be dismissed since it is “ exactly like ” the original which was dismissed by court order is without merit. The pleading now under consideration was timely served, as of course, prior to the determination of the motion addressed to the original complaint and, therefore, superseded it. (Volpe v. Manhattan Sav.…