Galarza v. N.Y.C. Hous. Auth.

Full title: Edwin GALARZA, Plaintiff–Appellant, v. NEW YORK CITY HOUSING AUTHORITY…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 16, 2012

99 A.D.3d 545 (N.Y. App. Div. 2012)

2012 N.Y. Slip Op. 6867

952 N.Y.S.2d 870

Opinion

2012-10-16

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.

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 ( seeCPLR 214–c[3] ). Plaintiff's failure to serve defendant with a notice of claim within 90 days thereof requires dismissal of the complaint ( seeGeneral Municipal Law § 50–e[1] ).

We have considered plaintiff's remaining arguments and find them unavailing.

GONZALEZ, P.J., SWEENY, ACOSTA, RENWICK, MANZANET–DANIELS, JJ., concur.