Galarza v New York City Hous. Auth.

Galarza v New York City Hous. Auth. 2012 NY Slip Op 06867 Decided on October 16, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 16, 2012
Gonzalez, P.J., Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ.
8288 302190/08

[*1]Edwin Galarza, Plaintiff-Appellant,

v

New York City Housing Authority, Defendant-Respondent.




Edward T. Chase, Mount Vernon, for appellant.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of
counsel), for respondent.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered March 29, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's 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]). Plaintiff's 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 plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 16, 2012

CLERK