Maisel v. Schwartzbaum

Defendant moves to dismiss the amended complaint for insufficiency. It contains three causes of action which differ substantially from those contained in the original complaint. This is not objectionable as a party having the right to amend a complaint may plead an entirely new cause of action, in which case the amended pleading replaces the former pleading. (Kolber v. Kolber, 267 App. Div. 837.) The claim that the plaintiff is guilty of laches becomes a material consideration only where leave to amend is sought from the court. (Smith v. Horn & Hardart Co., 276 App. Div. 869.) Since the order…