Baltimore & Ohio Railroad v. County of Genesee

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 its claim, nunc pro tunc, and to amend its complaint should have been granted. The record reveals that upon receipt of a…