Ordered that the order is affirmed insofar as appealed from, with costs.
Pursuant to Public Authorities Law § 1212 (2): "An action against the authority founded on tort shall not be commenced more than one year and ninety days after the happening of the event upon which the claim is based, nor unless a notice of claim shall have been served on the authority within the time limited, and in compliance with all the requirements of section fifty-e of the general municipal law".
Inasmuch as an action brought pursuant to Executive Law § 296 is not a tort action (see, Lane-Weber v. Plainedge Union Free School Dist., 213 A.D.2d 515), the plaintiff was not required to serve a notice of claim on the defendant. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.