DAVIS v. CITY OF NEW YORK

Assuming in plaintiff's favor that he timely filed a proper notice of claim, the action would still have to be dismissed since it was not commenced within a year and 90 days after the happening of the events on which the claim is based (General Municipal Law § 50-i). We view plaintiff's subsequent motion to renew or reargue as one simply for reargument, the denial of which is not appealable, since it did not present any new facts ( see Lichtman v. Mount Judah Cemetery, 269 AD2d 319, 320).