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Galarza v. New York City Housing Authority

99 A.D.3d 545 Court N.Y. App. Div. Decision date 2012-10-16 English

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p. 545
Edwin Galarza, Appellant, v New York City Housing Authority, Respondent.
[952 NYS2d 870]

Plaintiffs claim of personal injuries allegedly sustained as a result of a defective gas stove in his former apartment began to accrue, at the latest, on September 13, 2007, the date that he

p. 546
was diagnosed with carbon monoxide poisoning (see CPLR 214-c [3]). Plaintiffs failure to serve defendant with a notice of claim within 90 days thereof requires dismissal of the complaint (see General Municipal Law § 50-e [1]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Sweeny, Acosta, Renwick and Manzanet-Daniels, JJ.

Statutes and regulations cited