Sutton Investing Corp. v City of Syracuse (2004 NY Slip Op 08569)

Sutton Investing Corp. v City of Syracuse

2004 NY Slip Op 08569 [12 AD3d 1201]

November 19, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2005

Sutton Investing Corporation, Respondent, v City of Syracuse, Appellant.

—[*1]Appeal from an order of the Supreme Court, Onondaga County (Robert J. Nicholson, J.), entered March 5, 2003. The order, insofar as appealed from, denied defendant's motion to dismiss the complaint.

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, issues involving the original complaint are moot (see Chalasani v Neuman, 64 NY2d 879, 880 [1985]; Baker v 16 Sutton Place Apt. Corp., 2 AD3d 119, 120 [2003]). Present—Pigott, Jr., P.J., Pine, Scudder, Gorski and Lawton, JJ.