Subsequent to the denial of defendant-appellant's motion to dismiss, the plaintiff served a second amended complaint, and a motion has been made by the defendant to dismiss the second amended complaint, and this motion is presently pending before Special Term. An amended pleading, when served, takes the place of the original pleading. ( Branower Son v. Waldes, 173 App. Div. 676.) Thus, the appeal from the order based on the first amended complaint pleading, is rendered academic. ( Mattsson v. Johns-Manville Prods. Corp., 78 A.D.2d 793; Abrams v. Community Servs., 76 A.D.2d 765.)
Concur — Murphy, P.J., Kupferman, Sandler, Milonas and Alexander, JJ.