Hlanko v. New York City Housing Authority

Defendant moves for dismissal of the complaint upon the ground that maintenance of the action is time-barred. The action was commenced more than one year and 30 days from the accrual of the cause. However, it was commenced within one year and 90 days from the occurrence.

With respect to the time for the service of notice of claim, section 50-e of the General Municipal Law provides a 90-day period, and in Robinson v. New York City Housing Auth. (12 Misc 2d 200, affd. 8 A D 2d 747, affd. 7 N Y 2d 908) the court determined that section 50-e of the General Municipal Law supersedes the Public…