Aikens Constr. of Rome, Inc. v. Simons, 284 A.D.2d 946 (N.Y. App. Div. 2001). · Go Syfert
Aikens Constr. of Rome, Inc. v. Simons, 284 A.D.2d 946 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Najuan W. (Stephon W.)
N.Y. App. Div. · 2020 · confidence medium
Although the father contacted the foster parents and spoke with petitioner about the petition, those minimal efforts do not preclude a finding of abandonment ( see Matter of Miranda J. [Jeromy J.] , 118 AD3d 1469 , 1470 [4th Dept 2014]; Matter of Michael B. , 284 AD2d 946, 946 [4th Dept 2001]; Matter of Elizabeth S. , 275 AD2d 952, 953 [4th Dept 2000], lv denied 95 NY2d 769 [2000]).
discussed Cited as authority (rule) Morrow v. MetLife Invs. Ins. Co.
N.Y. App. Div. · 2019 · confidence medium
We dismiss the appeal from the order in appeal No. 1 as moot inasmuch as the amended complaint superseded the original complaint and became the only complaint in this case ( see Aikens Constr. of Rome v Simons , 284 AD2d 946, 947 [4th Dept 2001]; see generally St.
discussed Cited as authority (rule) D'Amico v. Correctional Medical Care, Inc.
N.Y. App. Div. · 2014 · confidence medium
As a result, the amended complaint superseded the original complaint and became the only complaint in the case (see Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [2001]; see generally Preston v APCH, Inc., 89 AD3d 65, 69-70 [2011]).
discussed Cited as authority (rule) D'Amico v. Correctional Medical Care, Inc.
N.Y. App. Div. · 2014 · confidence medium
As a result, the amended complaint superseded the original complaint and became the only complaint in the case (see Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [2001]; see generally Preston v APCH, Inc., 89 AD3d 65, 69-70 [2011]).
discussed Cited as authority (rule) Clemente Bros. Contracting Corp. v. Hafner-Milazzo (2×)
NY · 2014 · confidence medium
They rely on two Appellate Division decisions that could be read as extending the logic of Regatos to UCC 4-406 (see Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [4th Dept 2001]; Herzog, Engstrom & Koplovitz v Union Natl.
discussed Cited as authority (rule) Marinaccio v. Town of Clarence
N.Y. App. Div. · 2011 · confidence medium
Contrary to KEI’s contention, however, we conclude under the circumstances of this case that the court properly excluded certain superseded pleadings from the record in appeal No. 1 (see Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [2001]; Millard v Delaware, Lackawanna & W.
discussed Cited as authority (rule) Greenberg, Trager & Herbst, LLP v. HSBC Bank USA (2×)
NY · 2011 · confidence medium
Thus, a bank has a duty to exercise ordinary care when dealing with its customers ( Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [4th Dept 2001]).
discussed Cited as authority (rule) PRESTON, TRACY v. APCH, INC.
N.Y. App. Div. · 2011 · confidence medium
That contention lacks merit. “ £[W]hen an amended complaint has been served, it supersedes the original complaint and becomes the only complaint in the case’ ” (Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [2001]).
discussed Cited as authority (rule) Van Epps v. Town of Verona
N.Y. App. Div. · 2003 · confidence medium
Under the circumstances presented here, Unique was not required to submit copies of pleadings that had been superseded by amended pleadings (see generally Aikens Constr. of Rome v Simons, 284 AD2d 946, 947 [2001]) or the pleadings in the third-party action against Wood’s insurance carrier that had been dismissed by the time of Unique’s motion.
discussed Cited "see" S., ANGELA NICOLE, MTR. OF
N.Y. App. Div. · 2012 · signal: see · confidence high
A child is deemed abandoned when the parent engages in such behavior “for the period of six months immediately prior to the date on which the petition [for abandonment] is filed” (§ 384-b [4] [b]; see Matter of Michael B., 284 AD2d 946, 946 ; Matter of Christina W., 273 AD2d 918, 918 ).
discussed Cited "see" In re Angela N.S.
N.Y. App. Div. · 2012 · signal: see · confidence high
A child is deemed abandoned when the parent engages in such behavior “for the period of six months immediately prior to the date on which the petition [for abandonment] is filed” (§ 384-b [4] [b]; see Matter of Michael B., 284 AD2d 946, 946 [2001]; Matter of Christina W., 273 AD2d 918, 918 [2000]).
discussed Cited "see" In re Angela N.S.
N.Y. App. Div. · 2012 · signal: see · confidence high
A child is deemed abandoned when the parent engages in such behavior “for the period of six months immediately prior to the date on which the petition [for abandonment] is filed” (§ 384-b [4] [b]; see Matter of Michael B., 284 AD2d 946, 946 [2001]; Matter of Christina W., 273 AD2d 918, 918 [2000]).
Retrieving the full opinion text from the archive…
Aikens Construction of Rome, Inc., Also Known as Aikens Construction, Inc.
v.
Karen Simons, and NBT Bank of Rome, NY
Appellate Division of the Supreme Court of the State of New York.
Jun 8, 2001.
284 A.D.2d 946
Cited by 13 opinions  |  Published

—Order unanimously reversed on the law without costs and motion to reargue dismissed. Memorandum: Supreme[*947] Court erred in granting the motion of defendant NET Bank of Rome, NY (NBT Bank) to reargue its motion seeking dismissal of the complaint against it. Plaintiff served an amended complaint as of right before the motion was decided (see generally, STS Mgt. Dev. v New York State Dept. of Taxation & Fin., 254 AD2d 409, 410) and, “[w]hen an amended complaint has been served, it supersedes the original complaint and becomes the only complaint in the case” (St. Lawrence Explosives Corp. v Law Bros. Contr. Corp., 170 AD2d 957). Thus, the motion to reargue the motion seeking dismissal of the complaint was rendered moot by the service as of right of the amended complaint. Nevertheless, in the interest of judicial economy, we review the propriety of the court’s dismissal of the claims in the original complaint that also are asserted in the amended complaint.

The court properly determined that the claims against NBT Bank concerning forged checks reported in bank statements prior to December 5,1996 are barred by UCC 4-406 (4) bécause plaintiff failed to discover and report those forgeries during the requisite one-year period (see, Monreal v Fleet Bank, 95 NY2d 204, 206). Plaintiff did not advise NBT Bank until December 5, 1997 that plaintiff’s former employee, defendant Karen Simons, had forged checks over a four-year period. The court erred, however, in dismissing the claim that NBT Bank was negligent in cashing forged checks reported in bank statements between December 5, 1996 and December 5, 1997. We reject the contention of NBT Bank that plaintiff is precluded from asserting that claim based on plaintiff’s failure to notify NBT Bank of the forgeries within 14 days of the first bank statement in which the forged checks appeared, as required by the account rules and regulations. Bank customers must “exercise reasonable care and promptness” in examining their bank statements and must “promptly” notify the bank when a forgery is discovered (UCC 4-406 [1]). “If they fail to do so, under certain circumstances, they may be precluded from asserting the unauthorized signature against the bank, provided the bank itself exercised ordinary care (UCC 4-406 [2], [3])” (Herzog, Engstrom & Koplovitz v Union Natl. Bank, 226 AD2d 1004; see, Monreal v Fleet Bank, supra, at 207; Putnam Rolling Ladder Co. v Manufacturers Hanover Trust Co., 74 NY2d 340, 345-346). “While a bank and its customer may agree to vary the provisions of UCC article 4, the agreement may not abrogate the bank’s responsibility to exercise good faith and ordinary care” (Herzog, Engstrom & Koplovitz v Union Natl. Bank, supra, at 1005; see, UCC 4-103 [1]). (Appeal from Order of Supreme Court, Oneida County, Tenney, J. — Reargument.) Present — Green, J. P., Pine, Hurlbutt, Kehoe and Burns, JJ.