Opinion
November 16, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the judgment is reversed, on the law, with costs, the order dated July 15, 1997, is vacated, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in denying the defendant's motion to dismiss the complaint. The record establishes that "the happening of the event upon which the claim [was] based" (General Municipal Law § 50-i) was the City's alleged negligent failure to supervise the installation of a sewer line by the Town of Newburgh in 1988 ( see, Klein v. City of Yonkers, 53 N.Y.2d 1011; Johnson v. Marianetti, 202 A.D.2d 970; Pleasant Ridge Townhouses Homeowners' Assn. v. T D Constr. Corp., 181 A.D.2d 871; Nebbia v. County of Monroe, 92 A.D.2d 724). When measured from the date of that occurrence, the plaintiff's service of his notice of claim was untimely ( see, Nicholas v. City of New York, 130 A.D.2d 470; cf., Flanagan v. Board of Educ., 47 N.Y.2d 613; Badgett v. New York City Health Hosps. Corp., 227 A.D.2d 127).
Ritter, J. P., Thompson, Santucci and Joy, JJ., concur.