Ordered that the judgment is affirmed, with costs.
The plaintiff failed to serve his complaint in this case within one year and 90 days after the happening of the event upon which this claim is based, i.e., his receipt of erroneous advice from an employee of the defendant City of New Rochelle that his proposed gymnasium was a valid use under the New Rochelle zoning ordinance. Therefore, the Supreme Court, Westchester County, was correct in finding that the plaintiff's action as against the City of New Rochelle was barred by the Statute of Limitations (see, General Municipal Law § 50-i; Klein v. City of Yonkers, 53 N.Y.2d 1011, 1013; Doyle v. 800, Inc., 72 A.D.2d 761, 762). We have considered the plaintiff's other contentions and find them to be without merit. Thompson, J.P., Niehoff, Weinstein and Eiber, JJ., concur.