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VIA v. NEW YORK CITY HOUSING AUTHORITY

411, 153730/13.

137 A.D.3d 465 (2016)

26 N.Y.S.3d 282

2016 NY Slip Op 01580

WANDA VIA, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2016.

Plaintiff alleges that she suffered hundreds of bedbug bites over a period of months as the result of an infestation in an apartment owned by NYCHA. On or about November 16, 2012, she served a notice of claim on NYCHA, and thereafter NYCHA moved to dismiss her claims for failure to serve a timely notice of claim.

Plaintiff's bedbug claims are not governed by CPLR 214-c (3), because her injuries were not caused by a "substance...

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