St. Lawrence Explosives Corp. v. Law Brothers Contracting Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Although Supreme Court properly permitted defendants to amend the ad damnum clauses of their counterclaims, the court erred in precluding defendants from submitting an answer to plaintiffs second amended complaint which otherwise contained new allegations in their defenses and counterclaims. Since plaintiff applied for and obtained leave to serve a second amended complaint, that pleading superseded the original complaint.
When an amended complaint has been served, it…
2Cases cited6 opinions
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Halmar Distributors, Inc. v. Approved ManufacturIng Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Schoenborn v. Kinderhill Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Hawley v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Stella v. StellaAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Aikens Construction of Rome, Inc. v. SimonsAppellate Division of the Supreme Court of the State of New York · 2001
- Felder v. WankAppellate Division of the Supreme Court of the State of New York · 1996
- Hoppenfeld v. HoppenfeldAppellate Division of the Supreme Court of the State of New York · 1995
- Samide v. Roman Catholic DioceseNew York Supreme Court · 2003
- Romano v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
4 more not listed; retrieve them via the Exa API.