Plaintiffs were permitted to amend their complaint as of right, pursuant to CPLR 3025[a]. As such, Supreme Court correctly applied defendant's pending motion to dismiss to the amended complaint because the original complaint was superseded. The motion for leave to amend to remove two lines from the amended complaint that were included in error, filed within a week of the amended pleading, was providently granted, pursuant to CPLR 3025[b].
Daniel Szalkiewicz & Assoc., P.C. v. Liu, NY Slip Op 07346 (1st Dep't December 30, 2025)
