Legal Opinion
Fownes Bros. & Co. v. JPMorgan Chase & Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 2012PublishedCited by 5 opinions
1Opinion of the Court
Defendants’ motions to dismiss were fully briefed, oral argument was held, and plaintiffs were afforded the opportunity of a surreply. Plaintiffs’ decision to amend the complaint two business days before the court issued its order made it impossible for defendants to respond in any substantive manner. Plaintiffs’ amended complaint did not moot the motions to dismiss, and the court properly directed the motions toward the original complaint (see Sage Realty Corp. v Proskauer Rose, 251 AD2d 35, 38 [1998] [an amended pleading does not “automatically abate[ ] a motion to dismiss that was…
2Cases cited7 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Gaidon v. Guardian Life Insurance of AmericaNew York Court of Appeals · 2001
- Sage Realty Corp. v. Proskauer Rose L. L. P.Appellate Division of the Supreme Court of the State of New York · 1998
- Denenberg v. RosenAppellate Division of the Supreme Court of the State of New York · 2010
- Zaref v. BerkAppellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. Credit Suisse Sec.New York Court of Appeals · 2018
- Oyang v. Nyu Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2016
- French v. NYS Dept. of LaborAppellate Division of the Supreme Court of the State of New York · 2024
- McSpedon v. LevineAppellate Division of the Supreme Court of the State of New York · 2018
- Plotch v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2025