SUTTON INVESTING CORP. v. CITY OF SYRACUSE

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; Baker v. 16 Sutton Place Apt. Corp., 2 AD3d 119, 120).