| Tanner v Stack |
| 2019 NY Slip Op 07039 [176 AD3d 429] |
| October 1, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lester J. Tanner, Appellant, v Shari Stack et al., Respondents. |
Lester J. Tanner, New York, appellant pro se.
Sherman Wells Sylvester & Stamelman LLP, New York (Joshua S. Bratspies of counsel), for respondents.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about December 19, 2018, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for leave to file a proposed amended complaint, unanimously affirmed, without costs.
By the time plaintiff moved for leave to amend, the original complaint had already been dismissed; hence, "there was no complaint left before the court to amend" (Jeffrey L. Rosenberg & Assoc. v Kadem Capital Mgt., 306 AD2d 155, 156 [1st Dept 2003]; see generally Wadsworth Ave. Assoc. v Maynard, 91 AD3d 452, 453 [1st Dept 2012]). Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.