BALTIMORE & OHIO R.R. CO. v. COUNTY OF GENESEE


112 A.D.2d 725 (1985)

Baltimore & Ohio Railroad Company, Appellant, v. County of Genesee, Defendant, and Village of LeRoy, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1985


Order unanimously reversed, on the law, with costs, and plaintiff's cross motion granted, in accordance with the following memorandum:

Plaintiff appeals from an order which dismissed its complaint as against defendant, Village of LeRoy (Village) because of plaintiff's failure to comply with the provisions of CPLR 9802 and which denied plaintiff's cross motion to amend its complaint to allege compliance therewith. In our view, plaintiff's application for leave to verify...

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