BENNETT v. CITY OF NEW YORK

Appeal from order, Supreme Court, New York County, entered April 1, 1977, denying defendants' motion for summary judgment to dismiss the amended complaint, unanimously dismissed as moot, without costs or disbursements. After the order on appeal was made, plaintiff pursuant to its terms, served a second amended complaint. That pleading, not before us, supersedes the pleading attacked on appellants' motion. In view of the service of the second amended complaint, we dismiss this appeal as moot. (See Guibor v Manhattan Eye, Ear Throat Hosp., 56 A.D.2d 359, 361, mot to dismiss app den 43 N.Y.2d 950; Langer v Garay, 30 A.D.2d 942; Miglietta v Kennecott Copper Corp., 22 A.D.2d 874; Byrne v Osias, 13 A.D.2d 478.)

Concur — Kupferman, J.P., Birns, Silverman, Fein and Lane, JJ.