MYERS v. L M DEVELOPERS

Order unanimously reversed on the law without costs, motion granted and complaint dismissed as against defendant Town of Verona. Memorandum: Supreme Court should have granted the motion of defendant Town of Verona to dismiss the complaint against it for failure to commence the action within one year and 90 days after "the happening of the event upon which the claim is based" (General Municipal Law § 50-i; see, Klein v. City of Yonkers, 53 N.Y.2d 1011; Matter of Stelman v. Town of Poughkeepsie, 146 A.D.2d 632, lv denied 74 N.Y.2d 603; Doyle v 800, Inc., 72 A.D.2d 761; see also, Nebbia v. County of Monroe, 92 A.D.2d 724, lv denied 59 N.Y.2d 603).