Burcroff v. County of Orleans

Order unanimously affirmed, with costs. Memorandum: Defendant county appeals from an order denying its *780motion to dismiss as time barred a personal injury action brought against it arising out of an alleged highway defect and also denying its application to serve an amended answer alleging that the action was not commenced within one year of the date of service of the notice of claim as provided by section 139 of the Highway Law. We affirm. The accident occurred on September 1, 1978. Plaintiff filed her notice of claim on October 25, 1978 and commenced the action more than one year thereafter…