Legal Opinion
Aikens Construction of Rome, Inc. v. Simons
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2001PublishedCited by 12 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and motion to reargue dismissed. Memorandum: Supreme *947Court erred in granting the motion of defendant NET Bank of Rome, NY (NBT Bank) to reargue its motion seeking dismissal of the complaint against it. Plaintiff served an amended complaint as of right before the motion was decided (see generally, STS Mgt. Dev. v New York State Dept. of Taxation & Fin., 254 AD2d 409, 410) and, “[w]hen an amended complaint has been served, it supersedes the original complaint and becomes the only complaint in the case” (St. Lawrence Explosives Corp. v Law…
2Cases cited5 opinions
- Putnam Rolling Ladder Co. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1989
- Monreal v. Fleet BankNew York Court of Appeals · 2000
- STS Management Development, Inc. v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1998
- St. Lawrence Explosives Corp. v. Law Brothers Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Herzog v. Union National BankAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by12 opinions
- Clemente Bros. Contracting Corp. v. Hafner-MilazzoNew York Court of Appeals · 2014
- PRESTON, TRACY v. APCH, INC.Appellate Division of the Supreme Court of the State of New York · 2011
- Marinaccio v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2011
- Van Epps v. Town of VeronaAppellate Division of the Supreme Court of the State of New York · 2003
- Clemente Bros. Contracting Corp. v. Hafner-MilazzoNew York Court of Appeals · 2014
7 more not listed; retrieve them via the Exa API.