The Appellate Division declines to consider plaintiff's argument that defendant's motion to dismiss should have been denied as academic based on its amendment of the complaint. Plaintiff failed to raise the argument after defendant moved against the original complaint, and cannot be heard to complain after it charted its own course by amending it.
Iron Horse Credit, LLC vs. Wilner, NY Slip Op 06573 (1st Dep't November 12, 2026)
