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SUTTON INVESTING CORP. v. CITY OF SYRACUSE

12 A.D.3d 1201 (2004)

784 N.Y.S.2d 436

SUTTON INVESTING CORPORATION, Respondent, v. CITY OF SYRACUSE, Appellant.

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

November 19, 2004.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

Defendant limited its appeal to that part of an order denying its motion seeking to dismiss the complaint on the ground that plaintiff failed to serve a written verified claim prior to commencement of the action. Because Supreme Court granted plaintiff's cross motion for leave to amend the complaint and for leave to serve a late notice of claim...

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