Benzies v. Take-Two Interactive Software, Inc.

Appeal and cross appeal from order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 22, 2016, which granted in part and denied in part defendants’ motion to dismiss the complaint, unanimously dismissed, without costs, as moot.

After defendants submitted papers on their appeal, but before plaintiff submitted papers on his opposition and cross appeal, plaintiff filed an amended complaint before Supreme Court. A motion to dismiss the amended complaint is pending before Supreme Court. We take judicial notice of the amended complaint (see Assured Guar. [UK] Ltd. v J.P.…