Practice point: Plaintiff's failure to plead that the fee dispute was not covered by the Fee Dispute Resolution Program, pursuant to 22 NYCRR 136.1[b][2],[6], is not a jurisdictional defect precluding service of an amended complaint.
Students should note that an amended complaint supersedes the original, which is without legal effect.
Case: Nimkoff Rosenfeld & Schechter, LLP v. O'Flaherty, NY Slip Op 02067 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Municipalities Law.
