Opinion
April 13, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Actions against a municipality to recover damages for unlawful discriminatory practices brought under Executive Law § 296 are not subject to the notice of claim requirement set down in General Municipal Law § 50-e for tort claims involving personal injury, wrongful death or property damage (Alaimo v New York City Dept. of Sanitation, 203 A.D.2d 501; Simpson v New York City Tr. Auth., 188 A.D.2d 522). Moreover, claims under Executive Law § 296 are governed by the three-year Statute of Limitations prescribed by CPLR 214 (2) (see, Koerner v State of N.Y. Pilgrim Psychiatric Ctr., 62 N.Y.2d 442; Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 307), and the within action was, therefore, timely brought.
Concur — Ellerin, J.P., Rubin, Ross, Nardelli and Tom, JJ. [As amended by unpublished order entered June 20, 1995.]