MARTZ v. INC. VILLAGE OF VALLEY STREAM

Ordered that the order and judgment is affirmed, with costs.

Pursuant to CPLR 9802, the plaintiff's failure to file a written verified claim with the Village Clerk within one year after the cause of action accrued was fatal to her claim. Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment (see, Solow v Liebman, 175 A.D.2d 867, 869; Ayvee Constr. Co. v Village of New Paltz, 78 A.D.2d 942), and denied the plaintiff's cross motion to file a late notice of claim and to amend the complaint. Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.