Wiesel v. 310 East 46 LLC

*517Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about July 11, 2007, which granted defendant’s motion to dismiss the complaint on the ground of untimeliness, unanimously modified, on the law, to reinstate the cause of action for breach of the warranty of habitability for the period January 31, 2001 to December 2001, and otherwise affirmed, without costs.

The court correctly dismissed as untimely the first three causes of action seeking damages based on a hazardous condition in plaintiffs apartment (see CPLR 214-c [2]) and correctly declined to apply the…