Bailey v. Village of Saranac Lake, Inc.

Appeal from an order of the Supreme Court (Demarest, J), entered July 25, 2011 in Franklin County, which denied plaintiffs motion for leave to amend the complaint.

In August 2002, a sewer backup allegedly occurred in the basement of plaintiffs home in the Village of Saranac Lake, Franklin County, causing considerable damage. The house had suffered an earlier backup in 1991 and, following the August 2002 backup, plaintiff served a notice of claim on defendant and, in October 2002, she commenced this action. In May 2007, plaintiff filed a note of issue. However, the note of issue was struck to…