| Galarza v New York City Hous. Auth. |
| 2012 NY Slip Op 06867 [99 AD3d 545] |
| October 16, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Edwin Galarza, Appellant, v New York City Housing Authority, Respondent. |
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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. Concur—Gonzalez, P.J., Sweeny, Acosta, Renwick and Manzanet-Daniels, JJ.