Appellate Division of the Supreme Court of New York, 2012

Galarza v. New York City Housing Authority

Galarza v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided October 16, 2012
99 A.D.3d 545; 952 N.Y.2d 870
Galarza v. New York City Housing Authority

Opinion of the Court

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 *546was 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 ยง 50-e [1]).

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

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