Administrative

Edwin Galarza, Appellant, v. New York City Housing Authority, Respondent

99 A.D.3d 545952 N.Y.S.2d 870·New York Supreme Court, Appellate Division·2012·NY

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Opinion

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