Add S217-a, amd S8301, CPLR; amd SS50-e, 880 & 970-n, add S53, Gen Muni L; amd S21-1701, En Con L; amd Pub
Auth L, generally; amd SS376-a, 467 & 491, Ed L; amd S41.29, Ment Hyg L; amd S667, Priv Hous Fin L; amd S12,
S1 of Chap 359 of 1968; amd S19-152.2, NYC Ad Cd; add Art XI-A, Chap 154 of 1921
Enacts the "uniform notice of claim act"; establishes a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10657A
SPONSOR: Rules (Weinstein) TITLE OF BILL: An act to amend the civil practice law and rules, the
general municipal law, the environmental conservation law, the public
authorities law, the education law, the mental hygiene law, the private
housing finance law, the facilities development corporation act, the
administrative code of the city of New York, and chapter 154 of the laws
of 1921 relating to the port authority of New York and New Jersey, in
relation to establishing a uniform process and requirement for the
filing of notices of claim prior to the commencement of a cause of
action against any state or municipal entity, public authority or public
benefit corporation
PURPOSE OF BILL: The purpose of this bill is to provide plaintiffs
with uniform, fair and statutorily consistent procedure for serving a
notice of claim of intention to commence a proceeding in the courts of
this state for damages suffered as an aggrieved party, and similarly
provide for a statutorily consistent statute of limitations applicable
to such actions.
SUMMARY OF PROVISIONS: OF BILL:
Section 1 of this legislation provides that this act shall be known as
the "Uniform Notice of Claim Act."
Section 2 amends the civil practice law and rules to state that all
notices of claim served on any entity entitled to such a notice as a
condition precedent to the commencement of an action, whether the rele-
vant statute is expressly amended by the bill or not, are subject to the
requirements of general municipal law 50-e. This section also provides
that the statute of limitations applicable to actions, except wrongful
death actions, against such entities shall be longer of one year and
ninety days or the time period specified in any other provision of law.
Section 3 amends the civil practice law and rules to state that any fee
imposed by this act shall be a taxable disbursement.
Section 4 amends the general municipal law to allow notices of claim
against any public corporation to be served on the Secretary of State at
a location designated by the Secretary for that purpose, and requires
the Secretary of State to forward a copy to the entity named in the
notice of claim. Service of the notice of claim shall be complete when
served on the Secretary of State.
Section 5 makes a conforming change to the general municipal law to
allow for service of a notice of claim to be made via secretary of
state.
Section 6 amends the general municipal law to require entities entitled
to receive a notice of claim to file a certificate with the Secretary of
State that identifies the name and address to which the Secretary of
State must transmit notices of claims. Failure of an entity to file such
a certificate will not invalidate any notice of claim served on the
Secretary of State. This section also provides for a $250 filing fee for
service of a notice of claim on the Secretary of State, with the half of
that fee to be retained by the Secretary of State and the other half
provided to the entity or entities named in the notice of claim.
Sections 7 through 78 amend the specific statutory provisions governing
entities entitled to a notice of claim as a condition precedent to the
commencement of an action. These amendments are intended to provide
unified procedures for filing a notice of claim, and specifically
provide that the time limits contained in general municipal law 50-e are
generally applicable, and amend relevant statute of limitations to
provide a minimum time limit of one year and ninety days to bring an
action against a public corporation.
JUSTIFICATION: The current statutes governing the filing of notices
of claim and commencing an action or proceeding against a public corpo-
ration have become confusing and unfairly difficult for all concerned,
including the judiciary and the governmental entities involved. Over the
years, this legislature has granted state-created governmental and
quasi-governmental bodies the right to require that notification of
claims to be made against them were to be made by requiring them to
receive a notice of claim or other comparable document as a condition
precedent to commencement of an action or proceeding. These various
requirements in law have resulted in a multiplicity of sometimes dispa-
rate and confusing procedural rules and time limits.
Further, the number of entities entitled by law to such notification has
grown over the years to a large though uncertain number, and each entity
often has its own statutory entitlement to service within a timeframe,
at a certain place and in a manner not at all congruent with one anoth-
er.
This existing patchwork of statutes governing claims against government
are neither consistent with one another, nor are they all catalogued or
contained in the same, similar or readily locatable sections of the
chaptered laws. The result is that even the most diligent, conscientious
and able potential claimant can be misled in good faith by the lack of a
uniform procedure for Filing notices of claim and bringing actions
against governmental and quasi-governmental entities.
In addition, costly, time-consuming and resource-wasting litigation
often ensues over arcane issues of notice of claim service and other
procedural quirks, unnecessarily burdening the courts as well as the
agencies involved, while at the same time undermining public confidence
in the reasonableness and rationality of New York's laws.
This bill will provide a uniform, fair and easily engaged method of
notice of claim service via the secretary of state in addition to those
methods of service already existing, and thus provide a degree of
uniformity to procedural rules governing actions against governmental
and quasi-governmental entities.
This bill is not intended to limit, alter, eliminate or otherwise nulli-
fy existing provisions of law relating to the service of a notice of
claim, but only as a means of providing an alternative method for satis-
fying the condition precedent to the commencement of an action or
proceeding against a public corporation.
LEGISLATIVE HISTORY: New bill, 2012,
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: It is antic-
ipated that this bill will provide for a net revenue gain to localities
and to the State.
EFFECTIVE DATE: This act shall take effect one hundred and eighty
days from the date upon which it shall have become a law and shall apply
to all actions and proceedings accruing on and after such date;
provided, however, that section 78 of this act shall take effect upon
the enactment into law by the state of New Jersey of legislation having
an identical effect with section 78 of this act, but if the state of New
Jersey shall have enacted such legislation into law prior to the first
day of January next succeeding the date upon.which this act shall have
become a law, section 73 of this act shall take effect one hundred and
eighty days from the date upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
10657--A
IN ASSEMBLY
June 12, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
-- read once and referred to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, the general municipal
law, the environmental conservation law, the public authorities law,
the education law, the mental hygiene law, the private housing finance
law, the facilities development corporation act, the administrative
code of the city of New York, and chapter 154 of the laws of 1921
relating to the port authority of New York and New Jersey, in relation
to establishing a uniform process and requirement for the filing of
notices of claim prior to the commencement of a cause of action
against any state or municipal entity, public authority or public
benefit corporation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "uniform notice of claim act".
3 § 2. The civil practice law and rules is amended by adding a new
4 section 217-a to read as follows:
5 § 217-a. Actions to be commenced within one year and ninety days.
6 Notwithstanding any other provision of law to the contrary, and irre-
7 spective of whether the relevant statute is expressly amended by
8 sections three through seventy-nine of the uniform notice of claim act,
9 every action for damages or injuries to real or personal property, or
10 for the destruction thereof, or for personal injuries or wrongful death,
11 against any political subdivision of the state, or any instrumentality
12 or agency of the state or a political subdivision, any public authority
13 or any public benefit corporation that is entitled to receive a notice
14 of claim as a condition precedent to commencement of an action, shall
15 not be commenced unless a notice of claim shall have been served on such
16 governmental entity within the time limit established by, and in compli-
17 ance with all the requirements of section fifty-e of the general munici-
18 pal law. Except in an action for wrongful death against such an entity,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16120-08-2
A. 10657--A 2
1 an action for damages or for injuries to real or personal property, or
2 for the destruction thereof, or for personal injuries, alleged to have
3 been sustained, shall not be commenced more than one year and ninety
4 days after the cause of action therefor shall have accrued or within the
5 time period otherwise prescribed by any special provision of law, which-
6 ever is longer. Nothing herein is intended to amend the court of claims
7 act or any provision thereof.
8 § 3. Paragraph 12 of subdivision (a) of section 8301 of the civil
9 practice law and rules is renumbered paragraph 13 and a new paragraph 12
10 is added to read as follows:
11 12. any fee imposed by section fifty-three of the general municipal
12 law; and
13 § 4. Subdivision 3 of section 50-e of the general municipal law is
14 amended by adding a new paragraph (f) to read as follows:
15 (f) Service of a notice of claim on the secretary of state as agent of
16 any public corporation whatsoever created or existing by virtue of the
17 laws of the state of New York upon whom service of a notice of claim is
18 required as a condition precedent to being sued, may be made by
19 personally delivering to and leaving with the secretary of state or a
20 deputy, or with any person authorized by the secretary of state to
21 receive such service, at any office of the department of state in the
22 city of Albany or at one of his or her regularly established offices,
23 duplicate copies of such notice of claim together with the statutory
24 fee, which fee shall be a taxable disbursement. Service on such public
25 corporation shall be complete when the secretary of state is so served.
26 The secretary of state shall promptly send one of such copies by certi-
27 fied mail, return receipt requested, to such public corporation, at the
28 post office address, on file in the department of state, specified for
29 the purpose.
30 § 5. Subdivision 5 of section 50-e of the general municipal law, as
31 amended by chapter 12 of the laws of 2010, is amended to read as
32 follows:
33 5. Application for leave to serve a late notice.
34 Upon application, the court, in its discretion, may extend the time to
35 serve a notice of claim specified in paragraph (a) of subdivision one of
36 this section, whether such service was made upon a public corporation or
37 the secretary of state. The extension shall not exceed the time limited
38 for the commencement of an action by the claimant against the public
39 corporation. In determining whether to grant the extension, the court
40 shall consider, in particular, whether the public corporation or its
41 attorney or its insurance carrier acquired actual knowledge of the
42 essential facts constituting the claim within the time specified in
43 subdivision one of this section or within a reasonable time thereafter.
44 The court shall also consider all other relevant facts and circum-
45 stances, including: whether the claimant was an infant, or mentally or
46 physically incapacitated, or died before the time limited for service of
47 the notice of claim; whether the claimant failed to serve a timely
48 notice of claim by reason of his justifiable reliance upon settlement
49 representations made by an authorized representative of the public
50 corporation or its insurance carrier; whether the claimant in serving a
51 notice of claim made an excusable error concerning the identity of the
52 public corporation against which the claim should be asserted; if
53 service of the notice of claim is attempted by electronic means pursuant
54 to paragraph (e) of subdivision three of this section, whether the delay
55 in serving the notice of claim was based upon the failure of the comput-
56 er system of the city or the claimant or the attorney representing the
A. 10657--A 3
1 claimant; that such claimant or attorney, as the case may be, submitted
2 evidence or proof as is reasonable showing that (i) the submission of
3 the claim was attempted to be electronically made in a timely manner and
4 would have been completed but for the failure of the computer system
5 utilized by the sender or recipient, and (ii) that upon becoming aware
6 of both the failure of such system and the failure of the city to
7 receive such submission, the claimant or attorney had insufficient time
8 to make such claim within the permitted time period in a manner as
9 otherwise prescribed by law; and whether the delay in serving the notice
10 of claim substantially prejudiced the public corporation in maintaining
11 its defense on the merits.
12 An application for leave to serve a late notice shall not be denied on
13 the ground that it was made after commencement of an action against the
14 public corporation.
15 § 6. The general municipal law is amended by adding a new section 53
16 to read as follows:
17 § 53. Alternative service of notice of claim upon the secretary of
18 state. 1. In lieu of serving a notice of claim upon a public corporation
19 as provided for in section fifty-e of this article, a notice of claim
20 setting forth the same information as required by such section may be
21 served upon the secretary of state in the same manner as if served with
22 the public corporation. All the requirements relating to the form,
23 content, time limitations, exceptions, extensions and any other proce-
24 dural requirements imposed in such section with respect to a notice of
25 claim served upon a public corporation shall correspondingly apply to a
26 notice of claim served upon the secretary of state as permitted by this
27 section. For purposes of this article, the secretary of state shall be
28 deemed to be the agent for all public corporations upon whom a notice of
29 claim may be served prior to commencement of any action or proceeding
30 subject to the requirements of this article.
31 2. The secretary of state shall designate an office within the depart-
32 ment of state whereat persons are entitled by law to timely serve a
33 notice of claim upon the secretary of state as the agent for a public
34 corporation as a condition precedent to commencement of an action or
35 proceeding. All public corporations entitled to have served upon them a
36 notice of claim as a condition precedent to commencement of an action or
37 proceeding shall, no later than thirty days after the date upon which
38 this section shall take effect, file a certificate with the secretary of
39 state designating the secretary as the agent for service of a notice of
40 claim and shall in such statement provide the secretary with the name
41 and address of an officer, person, or designee, nominee or other agent-
42 in-fact for the transmittal of notices of claim served upon the secre-
43 tary as the public corporation's agent. Any designated post-office
44 address to which the secretary of state shall mail a copy of the notice
45 of claim served upon him or her as agent shall continue to be the
46 address to which such notices shall be mailed until the public corpo-
47 ration sends a notice to the secretary informing him or her of a new
48 address to which such notices shall be mailed. The initial filing with
49 the secretary of state shall also contain the applicable time limit for
50 filing a notice of claim upon that public corporation, or if later
51 changed by statute, a new filing shall be made detailing the altered
52 time limit. Any public corporation who does not have a current and time-
53 ly statutory designation filed with the secretary of state shall not be
54 entitled to the portion of the fee to which it would otherwise be enti-
55 tled pursuant to subdivision four of this section. Failure of the
56 public corporation to so file with the secretary of state will not
A. 10657--A 4
1 invalidate any service of a notice of claim upon the public corporation
2 which has been received by the secretary of state.
3 3. The secretary of state is hereby empowered to accept properly tran-
4 smitted notices of claims on behalf of a public corporation, with the
5 same effect as if served directly upon a public corporation. The secre-
6 tary of state shall accept such service upon the following terms and
7 conditions:
8 (a) the secretary of state shall set and notify the public, on his or
9 her website, as to reasonable times, places and manner of service upon
10 him or her of notices of claims;
11 (b) upon receipt of a notice of claim, the secretary of state shall
12 issue a receipt or other document acknowledging his or her receipt of
13 such notice, and such receipt shall contain the date and time of receipt
14 of the notice, an identifying number or name particular to the notice
15 received, and the logo or seal of the department of state embossed upon
16 it. Such receipt shall be prima facie evidence of service upon the
17 secretary of state for all purposes;
18 (c) within ten days after receiving the notice of claim, the secretary
19 of state shall transmit an original or a copy of the notice of claim to
20 the public corporation named in the notice;
21 (d) nothing in this section shall be deemed to alter, waive or other-
22 wise abrogate any defense available to a public corporation as to the
23 nature, sufficiency, or appropriateness of the notice of claim itself,
24 or to any challenges to the timeliness of the service of a notice of
25 claim. Timely service upon the secretary of state shall be deemed time-
26 ly service upon the public corporation for purposes of instituting an
27 action or proceeding or other requirement imposed by law.
28 4. The secretary of state may impose a fee upon any person who serves
29 a notice of claim with the department. Such fee shall not exceed two
30 hundred fifty dollars for each such notice filed. One-half of the fee
31 imposed shall be retained by the secretary of state as payment for its
32 services provided in accordance with this section. The remaining one-
33 half of such fee shall be forwarded to the public corporation named in
34 the notice of claim provided, however, if more than one such public
35 corporation is named, each named public corporation shall be entitled to
36 an equal percentage of the one-half amount.
37 5. The secretary of state shall within sixty days after the effective
38 date of this section post on the departmental website a list of any
39 public corporation, including any public authority, public benefit
40 corporation or any other entity entitled to receive a notice of claim as
41 a condition precedent to commencement of an action or proceeding, and
42 that has filed, pursuant to this section, a certificate with the secre-
43 tary of state designating the secretary as the agent for service of a
44 notice of claim. The list should identify the entity, the address of the
45 public corporation to which the notice of claim shall be forwarded by
46 the secretary of state, and any statutory provisions uniquely pertaining
47 to such public corporation and the commencement of an action or proceed-
48 ing against it.
49 § 7. Subdivision 2 of section 880 of the general municipal law, as
50 added by chapter 1030 of the laws of 1969, is amended to read as
51 follows:
52 (2) In a case founded upon tort, a notice of claim shall be required
53 as a condition precedent to the commencement of an action or special
54 proceeding against the agency or an officer, appointee or employee ther-
55 eof, and the provisions of section fifty-e of [the general municipal
56 law] this chapter shall govern the giving of such notice. No action
A. 10657--A 5
1 shall be commenced more than one year and ninety days after the cause of
2 action therefor shall have accrued.
3 § 8. Paragraph (viii) of subdivision (b) of section 970-n of the
4 general municipal law, as added by chapter 916 of the laws of 1984 and
5 such section as renumbered by chapter 686 of the laws of 1986, is
6 amended to read as follows:
7 (viii) No action or proceeding shall be prosecuted or maintained
8 against an authority for personal injury or damage to real or personal
9 property alleged to have been sustained by reason of the negligence or
10 wrongful act of the authority or any member, officer, agent or employee
11 thereof, unless (1) notice of claim shall have been made and served upon
12 the authority or the secretary of state within the time limit estab-
13 lished by and in compliance with section fifty-e of [the general munici-
14 pal law] this chapter, (2) it shall appear by and as an allegation in
15 the complaint or moving papers that at least thirty days have elapsed
16 since the service of such notice and that the adjustment or payment
17 thereof has been neglected or refused, and (3) the action or proceeding
18 shall be commenced within one year and ninety days after the [happening
19 of the event upon which the claim is based] cause of action shall have
20 accrued.
21 § 9. Paragraph (d) of subdivision 2 of article IV of section 21-1701
22 of the environmental conservation law is amended to read as follows:
23 (d) The foregoing consent is granted upon the condition that any suit,
24 action or proceeding prosecuted or maintained hereunder shall be
25 commenced within one year and ninety days after the cause of action
26 therefor shall have accrued, and upon the further condition that in the
27 case of any suit, action or proceeding for the recovery or payment of
28 money, prosecuted or maintained hereunder, a notice of claim shall have
29 been served upon the Commission by or on behalf of the plaintiff or
30 plaintiffs [at least sixty days before such suit, action or proceeding
31 is commenced] within the time limit established by and in compliance
32 with section fifty-e of the general municipal law. The provisions of
33 this subparagraph shall not apply to claims arising out of provisions of
34 any workmen's compensation law of any of the signatory States.
35 § 10. Subdivision 2 of section 540 of the public authorities law, as
36 added by chapter 804 of the laws of 1990, is amended to read as follows:
37 2. [An] Except in an action for wrongful death, an action against the
38 authority for damages for injuries to real or personal property, or for
39 the destruction thereof, or for personal injuries, alleged to have been
40 sustained, shall not be commenced more than one year and ninety days
41 after the cause of action therefor shall have accrued, nor unless a
42 notice of [intention to commence such action and of the time when and
43 place where the damages were incurred or sustained, together with a
44 verified statement showing in detail the property alleged to have been
45 damaged or destroyed and the value thereof, or the personal injuries
46 alleged to have been sustained and by whom,] claim shall have been filed
47 [in the principal office of the authority within ninety days after such
48 cause of action shall have accrued] within the time limit established by
49 and in compliance with section fifty-e of the general municipal law.
50 § 11. Subdivision 2 of section 569-a of the public authorities law, as
51 amended by chapter 804 of the laws of 1990, is amended to read as
52 follows:
53 2. Except in an action for wrongful death, an action against the
54 authority for damages for injuries to real or personal property, or for
55 the destruction thereof, or for personal injuries, alleged to have been
56 sustained, shall not be commenced more than one year and ninety days
A. 10657--A 6
1 after the cause of action therefor shall have accrued, nor unless a
2 notice of [intention to commence such action and of the time when and
3 place where the damages or personal injuries were incurred or sustained,
4 together with a verified statement showing in detail the property
5 alleged to have been damaged or destroyed and the value thereof, or the
6 personal injuries alleged to have been sustained and by whom,] claim
7 shall have been filed [with the secretary of the authority in the prin-
8 cipal office of the authority within six months after such cause of
9 action shall have accrued] within the time limit established by and in
10 compliance with section fifty-e of the general municipal law. An action
11 against the authority for wrongful death shall be commenced in accord-
12 ance with the notice of claim and time limitation provisions of title
13 eleven of article nine of this chapter.
14 § 12. Subdivision 2 of section 666-b of the public authorities law, as
15 added by chapter 804 of the laws of 1990, is amended to read as follows:
16 2. An action against the authority for damages for injuries to real or
17 personal property, or for the destruction thereof, or for personal inju-
18 ries, alleged to have been sustained shall not be commenced more than
19 one year and ninety days after the cause of action therefor shall have
20 accrued, nor unless a notice of [intention to commence such action and
21 of the time when and place where the damages were incurred or sustained,
22 together with a verified statement showing in detail the property
23 alleged to have been damaged or destroyed and the value thereof, or the
24 personal injuries alleged to have been sustained and by whom, shall have
25 been filed in the principal office of the authority within ninety days
26 after such cause of action shall have accrued] claim shall have been
27 served on the authority within the time limit established by, and in
28 compliance with all requirements of section fifty-e of the general
29 municipal law.
30 § 13. Subdivision 2 of section 735 of the public authorities law, as
31 added by chapter 804 of the laws of 1990, is amended to read as follows:
32 2. An action against the authority for damages for injuries to real or
33 personal property, or for the destruction thereof, or for personal inju-
34 ries, alleged to have been sustained shall not be commenced more than
35 one year and ninety days after the cause of action therefor shall have
36 accrued, nor unless a notice of [intention to commence such action and
37 of the time when and place where the damages were incurred or sustained,
38 together with a verified statement showing in detail the property
39 alleged to have been damaged or destroyed and the value thereof, or the
40 personal injuries alleged to have been sustained and by whom, shall have
41 been filed in the principal office of the authority within ninety days
42 after such cause of action shall have accrued] claim shall have been
43 served within the time limit established by, and in compliance with all
44 requirements of section fifty-e of the general municipal law.
45 § 14. Subdivision 1 of section 889 of the public authorities law, as
46 amended by chapter 804 of the laws of 1990, is amended to read as
47 follows:
48 1. In any case founded upon a tort a notice of claim shall be required
49 as a condition precedent to the commencement of an action or special
50 proceeding against the authority and the provisions of section fifty-e
51 of the general municipal law shall apply. Except in an action for
52 wrongful death, an action against the authority for damages for injuries
53 to real or personal property, or for the destruction thereof, or for
54 personal injuries, alleged to have been sustained, shall not be
55 commenced more than one year and ninety days after the cause of action
56 therefor shall have accrued.
A. 10657--A 7
1 § 15. Subdivision 1 of section 1017 of the public authorities law, as
2 added by chapter 804 of the laws of 1990, is amended to read as follows:
3 1. In any action founded upon tort a notice of claim shall be required
4 as a condition precedent to the commencement of an action or special
5 proceeding against the authority or any officer, appointee, agent or
6 employee thereof, and the provisions of section fifty-e of the general
7 municipal law shall govern the giving of such notice. Except in an
8 action for wrongful death, an action against the authority for damages
9 for injuries to real or personal property, or for the destruction there-
10 of, or for personal injuries, alleged to have been sustained, shall not
11 be commenced more than one year and ninety days after the cause of
12 action therefor shall have accrued.
13 § 16. Subdivision 1 of section 1020-u of the public authorities law,
14 as amended by chapter 804 of the laws of 1990, is amended to read as
15 follows:
16 1. In any action founded upon tort a notice of claim shall be required
17 as a condition precedent to the commencement of an action or special
18 proceeding against the authority or any officer, appointee, agent or
19 employee thereof, and the provisions of section fifty-e of the general
20 municipal law shall govern the giving of such notice. Except in an
21 action for wrongful death, an action against the authority for damages
22 for injuries to real or personal property, or for the destruction there-
23 of, or for personal injuries, alleged to have been sustained, shall not
24 be commenced more than one year and ninety days after the cause of
25 action therefor shall have accrued.
26 § 17. Subdivision 3 of section 1021-m of the public authorities law,
27 as added by chapter 533 of the laws of 2010, is amended to read as
28 follows:
29 3. An action against the authority founded on tort shall be commenced
30 in compliance with all the requirements of section fifty-e of the gener-
31 al municipal law, except that an action against the authority for wrong-
32 ful death shall be commenced in accordance with the provisions of title
33 eleven of article nine of this chapter. Except in an action for wrongful
34 death, an action against the authority for damages for injuries to real
35 or personal property, or for the destruction thereof, or for personal
36 injuries, alleged to have been sustained, shall not be commenced more
37 than one year and ninety days after the cause of action therefor shall
38 have accrued.
39 § 18. Subdivision 1 of section 1048-v of the public authorities law,
40 as amended by chapter 804 of the laws of 1990, is amended to read as
41 follows:
42 1. Except in an action for wrongful death, no action or proceeding
43 shall be prosecuted or maintained against the authority or the water
44 board for personal injury or damage to real or personal property alleged
45 to have been sustained by reason of the negligence or wrongful act of
46 the authority or the board or of any member, officer, agent or employee
47 thereof, unless (i) a notice of claim shall have been made and served
48 upon the authority or the water board, as the case may be, within the
49 time limit by and in compliance with section fifty-e of the general
50 municipal law, (ii) it shall appear by and as an allegation in the
51 complaint or moving papers that at least thirty days have elapsed since
52 the service of such notice and that adjustment or payment thereof has
53 been neglected or refused, and (iii) the action or proceeding shall be
54 commenced within one year and ninety days after the happening of the
55 event upon which the claim is based. An action against the authority or
56 water board for wrongful death shall be commenced in accordance with the
A. 10657--A 8
1 notice of claim and time limitation provisions of title eleven of arti-
2 cle nine of this chapter.
3 § 19. Subdivision 1 of section 1067 of the public authorities law, as
4 amended by chapter 804 of the laws of 1990, is amended to read as
5 follows:
6 1. In any case founded upon tort a notice of claim shall be required
7 as a condition precedent to the commencement of an action or special
8 proceeding against the authority or any officer, appointee, agent or
9 employee thereof, and the provisions of section fifty-e of the general
10 municipal law shall govern the giving of such notice. Except in an
11 action for wrongful death, an action against the authority for damages
12 for injuries to real or personal property, or for the destruction there-
13 of, or for personal injuries, alleged to have been sustained, shall not
14 be commenced more than one year and ninety days after the cause of
15 action therefor shall have accrued.
16 § 20. Subdivision 1 of section 1089 of the public authorities law, as
17 amended by chapter 804 of the laws of 1990, is amended to read as
18 follows:
19 1. In any case founded upon tort a notice of claim shall be required
20 as a condition precedent to the commencement of an action or special
21 proceeding against the authority or any officer, appointee or employee
22 thereof, and the provisions of section fifty-e of the general municipal
23 law shall govern the giving of such notice. Except in an action for
24 wrongful death, an action against the authority for damages for injuries
25 to real or personal property, or for the destruction thereof, or for
26 personal injuries, alleged to have been sustained, shall not be
27 commenced more than one year and ninety days after the cause of action
28 therefor shall have accrued.
29 § 21. Subdivision 1 of section 1109 of the public authorities law, as
30 amended by chapter 804 of the laws of 1990, is amended to read as
31 follows:
32 1. In any case founded upon tort a notice of claim shall be required
33 as a condition precedent to the commencement of an action or special
34 proceeding against the authority or any officer, appointee or employee
35 thereof, and the provisions of section fifty-e of the general municipal
36 law shall govern the giving of such notice. Except in an action for
37 wrongful death, an action against the authority for damages for injuries
38 to real or personal property, or for the destruction thereof, or for
39 personal injuries, alleged to have been sustained, shall not be
40 commenced more than one year and ninety days after the cause of action
41 therefor shall have accrued.
42 § 22. Subdivision 1 of section 1115-u of the public authorities law,
43 as amended by chapter 804 of the laws of 1990, is amended to read as
44 follows:
45 1. Except in an action for wrongful death, no action or proceeding
46 shall be prosecuted or maintained against the authority or the water
47 board for personal injury or damage to real or personal property alleged
48 to have been sustained by reason of the negligence or wrongful act of
49 the authority or the water board or of any member, officer, agent or
50 employee thereof, unless (a) a notice of claim shall have been made and
51 served upon the authority or the water board, as the case may be, within
52 the time limit by and in compliance with section fifty-e of the general
53 municipal law, (b) it shall appear by and as an allegation in the
54 complaint or moving papers that at least thirty days have elapsed since
55 the service of such notice and that adjustment or payment thereof has
56 been neglected or refused, and (c) the action or proceeding shall be
A. 10657--A 9
1 commenced within one year and ninety days after the happening of the
2 event upon which the claim is based. An action against the authority or
3 water board for wrongful death shall be commenced in accordance with the
4 notice of claim and time limitation provisions of title eleven of arti-
5 cle nine of this chapter.
6 § 23. Subdivision 1 of section 1169 of the public authorities law, as
7 amended by chapter 804 of the laws of 1990, is amended to read as
8 follows:
9 1. In any case founded upon tort a notice of claim shall be required
10 as a condition precedent to the commencement of an action or special
11 proceeding against the authority or any officer, appointee or employee
12 thereof, and the provisions of section fifty-e of the general municipal
13 law shall govern the giving of such notice. Except in an action for
14 wrongful death, an action against the authority for damages for injuries
15 to real or personal property, or for the destruction thereof, or for
16 personal injuries, alleged to have been sustained, shall not be
17 commenced more than one year and ninety days after the cause of action
18 therefor shall have accrued.
19 § 24. Subdivision 1 of section 1174-o of the public authorities law,
20 as added by chapter 491 of the laws of 1991, is amended to read as
21 follows:
22 1. No action or proceeding shall be prosecuted or maintained against
23 the authority for personal injury or damage to real or personal property
24 alleged to have been sustained by reason of the negligence or wrongful
25 act of the authority or any member, officer, agent or employee thereof,
26 unless:
27 (a) a notice of claim shall have been made and served upon the author-
28 ity within the time limit by and in compliance with section fifty-e of
29 the general municipal law,
30 (b) it shall appear by and as an allegation in the complaint or moving
31 papers that at least thirty days have elapsed since the service of such
32 notice and that adjustment or payment thereof has been neglected or
33 refused, and
34 (c) the action or proceeding shall be commenced within one year and
35 ninety days after the [happening of the event upon which the claim is
36 based] cause of action therefor shall have accrued.
37 § 25. Subdivision 1 of section 1197-n of the public authorities law,
38 as amended by chapter 804 of the laws of 1990, is amended to read as
39 follows:
40 1. Except in an action for wrongful death, no action or proceeding
41 shall be prosecuted or maintained against the authority for personal
42 injury or damage to real or personal property alleged to have been
43 sustained by reason of the negligence or wrongful act of the authority
44 or any member, officer, agent or employee thereof, unless:
45 (a) a notice of claim shall have been made and served upon the author-
46 ity within the time limit by and in compliance with section fifty-e of
47 the general municipal law,
48 (b) it shall appear by and as an allegation in the complaint or moving
49 papers that at least thirty days have elapsed since the service of such
50 notice and that adjustment or payment thereof has been neglected or
51 refused,
52 (c) the action or proceeding shall be commenced within one year and
53 ninety days after the happening of the event upon which the claim is
54 based, and
A. 10657--A 10
1 (d) An action against the authority for wrongful death shall be
2 commenced in accordance with the notice of claim and time limitation
3 provisions of title eleven of article nine of this chapter.
4 § 26. Subdivision 1 of section 1198-o of the public authorities law,
5 as added by chapter 868 of the laws of 1990, is amended to read as
6 follows:
7 1. No action or proceeding shall be prosecuted or maintained against
8 the authority for personal injury or damage to real or personal property
9 alleged to have been sustained by reason of the negligence or wrongful
10 act of the authority or any member, officer, agent or employee thereof,
11 unless:
12 (a) a notice of claim shall have been made and served upon the author-
13 ity within the time limit by and in compliance with section fifty-e of
14 the general municipal law,
15 (b) it shall appear by and as an allegation in the complaint or moving
16 papers that at least thirty days have elapsed since the service of such
17 notice and that adjustment or payment thereof has been neglected or
18 refused, and
19 (c) the action or proceeding shall be commenced within one year and
20 ninety days after the happening of the event upon which the claim is
21 based.
22 § 27. Subdivision 2 of section 1276 of the public authorities law, as
23 amended by chapter 804 of the laws of 1990, is amended to read as
24 follows:
25 2. An action against the authority founded on tort, except an action
26 for wrongful death, shall not be commenced more than one year and ninety
27 days after the cause of action therefor shall have accrued, nor unless a
28 notice of claim shall have been served on the authority within the time
29 limited by and in compliance with all the requirements of section
30 fifty-e of the general municipal law. An action against the authority
31 for wrongful death shall be commenced in accordance with the notice of
32 claim and time limitation provisions of title eleven of article nine of
33 this chapter.
34 § 28. Subdivision 2 of section 1297 of the public authorities law, as
35 amended by chapter 804 of the laws of 1990, is amended to read as
36 follows:
37 2. An action against the corporation founded on tort, except an action
38 for wrongful death, shall not be commenced more than one year and ninety
39 days after the cause of action therefor shall have accrued, nor unless a
40 notice of claim shall have been served on the corporation within the
41 time limited by and in compliance with all the requirements of section
42 fifty-e of the general municipal law. An action against the corporation
43 for wrongful death shall be commenced in accordance with the notice of
44 claim and time limitation provisions of title eleven of article nine of
45 this chapter.
46 § 29. Subdivision 2 of section 1299-p of the public authorities law,
47 as amended by chapter 804 of the laws of 1990, is amended to read as
48 follows:
49 2. An action against the authority founded on tort, except an action
50 for wrongful death, shall not be commenced more than one year and ninety
51 days after the cause of action therefor shall have accrued, nor unless a
52 notice of claim shall have been served on the authority within the time
53 limited by and in compliance with all the requirements of section
54 fifty-e of the general municipal law. An action against the authority
55 for wrongful death shall be commenced in accordance with the notice of
A. 10657--A 11
1 claim and time limitation provisions of title eleven of article nine of
2 this chapter.
3 § 30. Subdivision 2 of section 1299-rr of the public authorities law,
4 as amended by chapter 804 of the laws of 1990, is amended to read as
5 follows:
6 2. An action against the authority founded on tort, except an action
7 for wrongful death, shall not be commenced more than one year and ninety
8 days after the cause of action therefor shall have accrued, nor unless a
9 notice of claim shall have been served on the authority within the time
10 limited by and in compliance with all the requirements of section
11 fifty-e of the general municipal law. An action against the authority
12 for wrongful death shall be commenced in accordance with the notice of
13 claim and time limitation provisions of title eleven of article nine of
14 this chapter.
15 § 31. Subdivision 2 of section 1317 of the public authorities law, as
16 amended by chapter 804 of the laws of 1990, is amended to read as
17 follows:
18 2. An action against the authority founded on tort, except an action
19 for wrongful death, shall not be commenced more than one year and ninety
20 days after the cause of action therefor shall have accrued, nor unless a
21 notice of claim shall have been served on the authority within the time
22 limited by and in compliance with all the requirements of section
23 fifty-e of the general municipal law. An action against the authority
24 for wrongful death shall be commenced in accordance with the notice of
25 claim and time limitation provisions of title eleven of article nine of
26 this chapter.
27 § 32. Subdivision 2 of section 1342 of the public authorities law, as
28 amended by chapter 804 of the laws of 1990, is amended to read as
29 follows:
30 2. An action against the authority founded on tort, except an action
31 for wrongful death, shall not be commenced more than one year and ninety
32 days after the cause of action therefor shall have accrued, nor unless a
33 notice of claim shall have been served on the authority within the time
34 limited by and in compliance with all the requirements of section
35 fifty-e of the general municipal law. An action against the authority
36 for wrongful death shall be commenced in accordance with the notice of
37 claim and time limitation provisions of title eleven of article nine of
38 this chapter.
39 § 33. Section 1372 of the public authorities law, as amended by chap-
40 ter 804 of the laws of 1990, is amended to read as follows:
41 § 1372. Actions against authority. In any case founded upon a tort,
42 except an action for wrongful death, a notice of claim shall be required
43 as a condition precedent to the commencement of an action or special
44 proceeding against the authority and the provisions of section fifty-e
45 of the general municipal law shall apply. An action against the authori-
46 ty for wrongful death shall be commenced in accordance with the notice
47 of claim and time limitation provisions of title eleven of article nine
48 of this chapter. Except in an action for wrongful death, an action
49 against the authority for damages for injuries to real or personal prop-
50 erty, or for the destruction thereof, or for personal injuries, alleged
51 to have been sustained, shall not be commenced more than one year and
52 ninety days after the cause of action therefor shall have accrued.
53 § 34. Section 1397 of the public authorities law, as added by chapter
54 647 of the laws of 1958, is amended to read as follows:
55 § 1397. Actions against authority. In any case founded upon a tort a
56 notice of claim shall be required as a condition precedent to the
A. 10657--A 12
1 commencement of an action or special proceeding against the authority
2 and the provisions of section fifty-e of the general municipal law shall
3 apply. Except in an action for wrongful death, an action against the
4 authority for damages for injuries to real or personal property, or for
5 the destruction thereof, or for personal injuries, alleged to have been
6 sustained, shall not be commenced more than one year and ninety days
7 after the cause of action therefor shall have accrued.
8 § 35. Subdivision 2 of section 1416 of the public authorities law, as
9 amended by chapter 804 of the laws of 1990, is amended to read as
10 follows:
11 2. Except in an action for wrongful death, an action against the
12 authority for damages for injuries to real or personal property, or for
13 the destruction thereof, or for personal injuries, alleged to have been
14 sustained, shall not be commenced more than one year and ninety days
15 after the cause of action therefor shall have accrued, nor unless a
16 notice of [intention to commence such action and of the time when and
17 place where the damages or personal injuries were incurred or sustained,
18 together with a verified statement showing in detail the property
19 alleged to have been damaged or destroyed and the value thereof, or the
20 personal injuries alleged to have been sustained and by whom, shall have
21 been filed with the secretary of the authority in the principal office
22 of the authority within six months after such cause of action shall have
23 accrued] claim shall have been served on the authority within the time
24 limit established by, and in compliance with all requirements of section
25 fifty-e of the general municipal law. An action against the authority
26 for wrongful death shall be commenced in accordance with the notice of
27 claim and time limitation provisions of title eleven of article nine of
28 this chapter.
29 § 36. Subdivision 2 of section 1420-r of the public authorities law,
30 as amended by chapter 804 of the laws of 1990, is amended to read as
31 follows:
32 2. Except in an action for wrongful death, an action against the
33 authority for damages for injuries to real or personal property, or for
34 the destruction thereof, or for personal injuries, alleged to have been
35 sustained, shall not be commenced more than one year and ninety days
36 after the cause of action therefor shall have accrued, nor unless a
37 notice of [intention to commence such an action and of the time when and
38 place where the damages or personal injuries were incurred or sustained,
39 together with a verified statement showing in detail the property
40 alleged to have been damaged or destroyed and the value thereof, or the
41 personal injuries alleged to have been sustained and by whom, shall have
42 been filed with the secretary of the authority in the principal office
43 of the authority within six months after such cause of action shall have
44 accrued] claim shall have been served on the authority within the time
45 limit established by, and in compliance with all requirements of section
46 fifty-e of the general municipal law. An action against the authority
47 for wrongful death shall be commenced in accordance with the notice of
48 claim and time limitation provisions of title eleven of article nine of
49 this chapter.
50 § 37. Subdivision 2 of section 1421-p of the public authorities law,
51 as amended by chapter 804 of the laws of 1990, is amended to read as
52 follows:
53 2. Except in an action for wrongful death, an action against the
54 authority for damages for injuries to real or personal property, or for
55 the destruction thereof, or for personal injuries, alleged to have been
56 sustained, shall not be commenced more than one year and ninety days
A. 10657--A 13
1 after the cause of action therefor shall have accrued, nor unless a
2 notice of [intention to commence such action and of the time when and
3 place where the damages or personal injuries were incurred or sustained,
4 together with a verified statement showing in detail the property
5 alleged to have been damaged or destroyed and the value thereof, or the
6 personal injuries alleged to have been sustained and by whom, shall have
7 been filed with the secretary of the authority in the principal office
8 of the authority within six months after such cause of action shall have
9 accrued] claim shall have been served on the authority within the time
10 limit established by, and in compliance with all requirements of section
11 fifty-e of the general municipal law. An action against the authority
12 for wrongful death shall be commenced in accordance with the notice of
13 claim and time limitation provisions of title eleven of article nine of
14 this chapter.
15 § 38. Subdivision 2 of section 1425-q of the public authorities law,
16 as added by chapter 617 of the laws of 1972, is amended to read as
17 follows:
18 2. An action against the authority for damages for injuries to real or
19 personal property, or for the destruction thereof, or for personal inju-
20 ries or death, alleged to have been sustained, shall not be commenced
21 more than one year and ninety days after the cause of action therefor
22 shall have accrued, nor unless a notice of [intention to commence such
23 action and of the time when and place where the damages or personal
24 injuries or death were incurred or sustained, together with a verified
25 statement showing in detail the property alleged to have been damaged or
26 destroyed and the value thereof, or the personal injuries alleged to
27 have been sustained and by whom, shall have been filed with the secre-
28 tary of the authority in the principal office of the authority within
29 six months after such cause of action shall have accrued] claim shall
30 have been served on the authority within the time limit established by,
31 and in compliance with all requirements of section fifty-e of the gener-
32 al municipal law.
33 § 39. Subdivision 2 of section 1440 of the public authorities law, as
34 amended by chapter 804 of the laws of 1990, is amended to read as
35 follows:
36 2. Except in an action for wrongful death, an action against the
37 authority for damages for injuries to real or personal property, or for
38 the destruction thereof, or for personal injuries, alleged to have been
39 sustained, shall not be commenced more than one year and ninety days
40 after the cause of action therefor shall have accrued, nor unless a
41 notice of [intention to commence such action and of the time when and
42 place where the damages or personal injuries were incurred or sustained,
43 together with a verified statement showing in detail the property
44 alleged to have been damaged or destroyed and the value thereof, or the
45 personal injuries alleged to have been sustained and by whom, shall have
46 been filed with the secretary of the authority in the principal office
47 of the authority within six months after such cause of action shall have
48 accrued] claim shall have been served on the authority within the time
49 limit established by, and in compliance with all requirements of section
50 fifty-e of the general municipal law. An action against the authority
51 for wrongful death shall be commenced in accordance with the notice of
52 claim and time limitation provisions of title eleven of article nine of
53 this chapter.
54 § 40. Subdivision 2 of section 1466 of the public authorities law, as
55 added by chapter 637 of the laws of 1948 and such section as renumbered
56 by chapter 914 of the laws of 1957, is amended to read as follows:
A. 10657--A 14
1 2. An action against the authority for damages for injuries to real or
2 personal property, or for the destruction thereof, or for personal inju-
3 ries or death, alleged to have been sustained, shall not be commenced
4 more than one year and ninety days after the cause of action therefor
5 shall have accrued, nor unless a notice of [intention to commence such
6 action and of the time when and place where the damages or personal
7 injuries or death were incurred or sustained, together with a verified
8 statement showing in detail the property alleged to have been damaged or
9 destroyed and the value thereof, or the personal injuries alleged to
10 have been sustained and by whom, shall have been filed with the secre-
11 tary of the authority in the principal office of the authority within
12 six months after such cause of action shall have accrued] claim shall
13 have been served on the authority within the time limit established by,
14 and in compliance with all requirements of section fifty-e of the gener-
15 al municipal law.
16 § 41. Subdivision 2 of section 1470-p of the public authorities law,
17 as amended by chapter 804 of the laws of 1990, is amended to read as
18 follows:
19 2. Except in an action for wrongful death, an action against the
20 authority for damages for injuries to real or personal property, or for
21 the destruction thereof, or for personal injuries, alleged to have been
22 sustained, shall not be commenced more than one year and ninety days
23 after the cause of action therefor shall have accrued, nor unless a
24 notice of [intention to commence such an action and of the time when and
25 place where the damages or personal injuries were incurred or sustained,
26 together with a verified statement showing in detail the property
27 alleged to have been damaged or destroyed and the value thereof, or the
28 personal injuries alleged to have been sustained and by whom, shall have
29 been filed with the secretary of the authority in the principal office
30 of the authority within six months after such cause of action shall have
31 accrued] claim shall have been served on the authority within the time
32 limit established by, and in compliance with all requirements of section
33 fifty-e of the general municipal law. An action against the authority
34 for wrongful death shall be commenced in accordance with the notice of
35 claim and time limitation provisions of title eleven of article nine of
36 this chapter.
37 § 42. Subdivision 2 of section 1493-q of the public authorities law,
38 as amended by chapter 804 of the laws of 1990, is amended to read as
39 follows:
40 2. Except in an action for wrongful death, an action against the
41 authority for damages for injuries to real or personal property, or for
42 the destruction thereof, or for personal injuries, alleged to have been
43 sustained, shall not be commenced more than one year and ninety days
44 after the cause of action therefor shall have accrued, nor unless a
45 notice of [intention to commence such action and of the time when and
46 place where the damages or personal injuries were incurred or sustained,
47 together with a verified statement showing in detail the property
48 alleged to have been damaged or destroyed and the value thereof, or the
49 personal injuries alleged to have been sustained and by whom, shall have
50 been filed with the secretary of the authority in the principal office
51 of the authority within six months after such cause of action shall have
52 accrued] claim shall have been served on the authority within the time
53 limit established by, and in compliance with all requirements of section
54 fifty-e of the general municipal law. An action against the authority
55 for wrongful death shall be commenced in accordance with the notice of
A. 10657--A 15
1 claim and time limitation provisions of title eleven of article nine of
2 this chapter.
3 § 43. Subdivision 2 of section 1516 of the public authorities law, as
4 amended by chapter 804 of the laws of 1990, is amended to read as
5 follows:
6 2. Except in an action for wrongful death, an action against the
7 authority for damages for injuries to real or personal property, or for
8 the destruction thereof, or for personal injuries, alleged to have been
9 sustained, shall not be commenced more than one year and ninety days
10 after the cause of action therefor shall have accrued, nor unless a
11 notice of [intention to commence such action and of the time when and
12 place where the damages or personal injuries were incurred or sustained,
13 together with a verified statement showing in detail the property
14 alleged to have been damaged or destroyed and the value thereof, or the
15 personal injuries alleged to have been sustained and by whom, shall have
16 been filed with the secretary of the authority in the principal office
17 of the authority within six months after such cause of action shall have
18 accrued] claim shall have been served on the authority within the time
19 limit established by, and in compliance with all requirements of section
20 fifty-e of the general municipal law. An action against the authority
21 for wrongful death shall be commenced in accordance with the notice of
22 claim and time limitation provisions of title eleven of article nine of
23 this chapter.
24 § 44. Subdivision 2 of section 1541 of the public authorities law, as
25 amended by chapter 804 of the laws of 1990, is amended to read as
26 follows:
27 2. Except in an action for wrongful death, an action against the
28 authority for damages for injuries to real or personal property, or for
29 the destruction thereof, or for personal injuries, alleged to have been
30 sustained, shall not be commenced more than one year and ninety days
31 after the cause of action therefor shall have accrued, nor unless a
32 notice of [intention to commence such action and of the time when and
33 place where the damages or personal injuries were incurred or sustained,
34 together with a verified statement showing in detail the property
35 alleged to have been damaged or destroyed and the value thereof, or the
36 personal injuries alleged to have been sustained and by whom, shall have
37 been filed with the secretary of the authority in the principal office
38 of the authority within six months after such cause of action shall have
39 accrued] claim shall have been served on the authority within the time
40 limit established by and in compliance with all requirements of section
41 fifty-e of the general municipal law. An action against the authority
42 for wrongful death shall be commenced in accordance with the notice of
43 claim and time limitation provisions of title eleven of article nine of
44 this chapter.
45 § 45. Subdivision 2 of section 1585-q of the public authorities law,
46 as amended by chapter 804 of the laws of 1990, is amended to read as
47 follows:
48 2. Except in an action for wrongful death, an action against the
49 authority for damages for injuries to real or personal property, or for
50 the destruction thereof, or for personal injuries, alleged to have been
51 sustained, shall not be commenced more than one year and ninety days
52 after the cause of action therefor shall have accrued, nor unless a
53 notice of [intention to commence such action and of the time when and
54 place where damages or personal injuries were incurred or sustained,
55 together with a verified statement showing in detail the property
56 alleged to have been damaged or destroyed and the value thereof, or the
A. 10657--A 16
1 personal injuries alleged to have been sustained and by whom, shall have
2 been filed with the secretary of the authority in the principal office
3 of the authority within six months after such cause of action shall have
4 accrued] claim shall have been served on the authority within the time
5 limit established by and in compliance with all requirements of section
6 fifty-e of the general municipal law. An action against the authority
7 for wrongful death shall be commenced in accordance with the notice of
8 claim and time limitation provisions of title eleven of article nine of
9 this chapter.
10 § 46. Subdivision 2 of section 1590-q of the public authorities law,
11 as amended by chapter 804 of the laws of 1990, is amended to read as
12 follows:
13 2. Except in an action for wrongful death, an action against the
14 authority for damages for injuries to real or personal property, or for
15 the destruction thereof, or for personal injuries, alleged to have been
16 sustained, shall not be commenced more than one year and ninety days
17 after the cause of action therefor shall have accrued, nor unless a
18 notice of [intention to commence such action and of the time when and
19 place where the damages or personal injuries were incurred or sustained,
20 together with a verified statement showing in detail the property
21 alleged to have been damaged or destroyed and the value thereof, or the
22 personal injuries alleged to have been sustained and by whom, shall have
23 been filed with the secretary of the authority in the principal office
24 of the authority within six months after such cause of action shall have
25 accrued] claim shall have been served on the authority within the time
26 limit established by and in compliance with all requirements of section
27 fifty-e of the general municipal law. An action against the authority
28 for wrongful death shall be commenced in accordance with the notice of
29 claim and time limitation provisions of title eleven of article nine of
30 this chapter.
31 § 47. Subdivision 2 of section 1595-q of the public authorities law,
32 as added by chapter 1024 of the laws of 1968, is amended to read as
33 follows:
34 2. An action against the authority for damages, for injuries to real
35 or personal property, or for the destruction thereof, or for personal
36 injuries or death, alleged to have been sustained, shall not be
37 commenced more than one year and ninety days after the cause of action
38 therefor shall have accrued, nor unless a notice of [intention to
39 commence such action and of the time when and place where the damages or
40 personal injuries or death were incurred or sustained, together with a
41 verified statement showing in detail the property alleged to have been
42 damaged or destroyed and the value thereof, or the personal injuries
43 alleged to have been sustained and by whom, shall have been filed with
44 the secretary of the authority in the principal office of the authority
45 within six months after such cause of action shall have accrued] claim
46 shall have been served on the authority within the time limit estab-
47 lished by and in compliance with all requirements of section fifty-e of
48 the general municipal law.
49 § 48. Subdivision 2 of section 1596-p of the public authorities law,
50 as amended by chapter 804 of the laws of 1990, is amended to read as
51 follows:
52 2. Except in an action for wrongful death, an action against the
53 authority for damages for injuries to real or personal property, or for
54 the destruction thereof, or for personal injuries, alleged to have been
55 sustained, shall not be commenced more than one year and ninety days
56 after the cause of action therefor shall have accrued, nor unless a
A. 10657--A 17
1 notice of [intention to commence such an action and of the time when and
2 place where the damages or personal injuries were incurred or sustained,
3 together with a verified statement showing in detail the property
4 alleged to have been damaged or destroyed and the value thereof, or the
5 personal injuries alleged to have been sustained and by whom, shall have
6 been filed with the secretary of the authority in the principal office
7 of the authority within six months after such cause of action shall have
8 accrued] claim shall have been served on the authority within the time
9 limit established by and in compliance with all requirements of section
10 fifty-e of the general municipal law. An action against the authority
11 for wrongful death shall be commenced in accordance with the notice of
12 claim and time limitation provisions of title eleven of article nine of
13 this chapter.
14 § 49. Subdivision 2 of section 1597-p of the public authorities law,
15 as amended by chapter 804 of the laws of 1990, is amended to read as
16 follows:
17 2. Except in an action for wrongful death, an action against the
18 authority for damages for injuries to real or personal property, or for
19 the destruction thereof, or for personal injuries, alleged to have been
20 sustained, shall not be commenced more than one year and ninety days
21 after the cause of action therefor shall have accrued, nor unless a
22 notice of [intention to commence such an action and of the time when and
23 place where the damages or personal injuries were incurred or sustained,
24 together with a verified statement showing in detail the property
25 alleged to have been damaged or destroyed and the value thereof, or the
26 personal injuries alleged to have been sustained and by whom, shall have
27 been filed with the secretary of the authority in the principal office
28 of the authority within six months after such cause of action shall have
29 accrued] claim shall have been served on the authority within the time
30 limit established by and in compliance with all requirements of section
31 fifty-e of the general municipal law. An action against the authority
32 for wrongful death shall be commenced in accordance with the notice of
33 claim and time limitation provisions of title eleven of article nine of
34 this chapter.
35 § 50. Subdivision 2 of section 1598-p of the public authorities law,
36 as amended by chapter 804 of the laws of 1990, is amended to read as
37 follows:
38 2. Except in an action for wrongful death, an action against the
39 authority for damages for injuries to real or personal property, or for
40 the destruction thereof, or for personal injuries, alleged to have been
41 sustained, shall not be commenced more than one year and ninety days
42 after the cause of action therefor shall have accrued, nor unless a
43 notice of [intention to commence such action and of the time when and
44 place where the damages or personal injuries were incurred or sustained,
45 together with a verified statement showing in detail the property
46 alleged to have been damaged or destroyed and the value thereof, or the
47 personal injuries alleged to have been sustained and by whom, shall have
48 been filed with the secretary of the authority in the principal office
49 of the authority within six months after such cause of action shall have
50 accrued] claim shall have been served on the authority within the time
51 limit established by and in compliance with all requirements of section
52 fifty-e of the general municipal law. An action against the authority
53 for wrongful death shall be commenced in accordance with the notice of
54 claim and time limitation provisions of title eleven of article nine of
55 this chapter.
A. 10657--A 18
1 § 51. Subdivision (b) of section 1599-qq of the public authorities
2 law, as amended by chapter 804 of the laws of 1990, is amended to read
3 as follows:
4 (b) Except in an action for wrongful death, an action against the
5 authority for damages for injuries to real or personal property, or for
6 the destruction thereof, or for personal injuries, alleged to have been
7 sustained, shall not be commenced more than one year and ninety days
8 after the cause of action therefor shall have accrued, nor unless a
9 notice of [intention to commence such action and of the time when and
10 place where the damages or personal injuries were incurred or sustained,
11 together with a verified statement showing in detail the property
12 alleged to have been damaged or destroyed and the value thereof, or the
13 personal injuries alleged to have been sustained and by whom, shall have
14 been filed with the secretary of the authority in the principal office
15 of the authority within six months after such cause of action shall have
16 accrued] claim shall have been served on the authority within the time
17 limit established by and in compliance with all requirements of section
18 fifty-e of the general municipal law. An action against the authority
19 for wrongful death shall be commenced in accordance with the notice of
20 claim and time limitation provisions of title eleven of article nine of
21 this chapter.
22 § 52. Subdivision 2 of section 1599-qqqq of the public authorities
23 law, as amended by chapter 804 of the laws of 1990, is amended to read
24 as follows:
25 2. Except in an action for wrongful death, an action against the
26 authority for damages for injuries to real or personal property, or for
27 the destruction thereof, or for personal injuries, alleged to have been
28 sustained, shall not be commenced more than one year and ninety days
29 after the cause of action therefor shall have accrued, nor unless a
30 notice of [intention to commence such an action and of the time when and
31 place where the damages or personal injuries were incurred or sustained,
32 together with a verified statement showing in detail the property
33 alleged to have been damaged or destroyed and the value thereof, or the
34 personal injuries alleged to have been sustained and by whom, shall have
35 been filed with the secretary of the authority in the principal office
36 of the authority within six months after such cause of action shall have
37 accrued] claim shall have been served on the authority within the time
38 limit established by and in compliance with all requirements of section
39 fifty-e of the general municipal law. An action against the authority
40 for wrongful death shall be commenced in accordance with the notice of
41 claim and time limitation provisions of title eleven of article nine of
42 this chapter.
43 § 53. Subdivision 2 of section 1600-qq of the public authorities law,
44 as amended by chapter 804 of the laws of 1990, is amended to read as
45 follows:
46 2. Except in an action for wrongful death, an action against the
47 authority for damages for injuries to real or personal property, or for
48 the destruction thereof, or for personal injuries, alleged to have been
49 sustained, shall not be commenced more than one year and ninety days
50 after the cause of action therefor shall have accrued, nor unless a
51 notice of [intention to commence such action and of the time when and
52 place where the damages or personal injuries were incurred or sustained,
53 together with a verified statement showing in detail the property
54 alleged to have been damaged or destroyed and the value thereof, or the
55 personal injuries alleged to have been sustained and by whom, shall have
56 been filed with the secretary of the authority in the principal office
A. 10657--A 19
1 of the authority within six months after such cause of action shall have
2 accrued] claim shall have been served on the authority within the time
3 limit established by and in compliance with all requirements of section
4 fifty-e of the general municipal law. An action against the authority
5 for wrongful death shall be commenced in accordance with the notice of
6 claim and time limitation provisions of title eleven of article nine of
7 this chapter.
8 § 54. Subdivision 2 of section 1617 of the public authorities law, as
9 amended by chapter 804 of the laws of 1990, is amended to read as
10 follows:
11 2. Except in an action for wrongful death, an action against the
12 authority for damages for injuries to real or personal property, or for
13 the destruction thereof, or for personal injuries, alleged to have been
14 sustained, shall not be commenced more than one year and ninety days
15 after the cause of action therefor shall have accrued, nor unless a
16 notice of [intention to commence such action and of the time when and
17 place where the damages or personal injuries were incurred or sustained,
18 together with a verified statement showing in detail the property
19 alleged to have been damaged or destroyed and the value thereof, or the
20 personal injuries alleged to have been sustained and by whom, shall have
21 been filed with the secretary of the authority in the principal office
22 of the authority within six months after such cause of action shall have
23 accrued] claim shall have been served on the authority within the time
24 limit established by and in compliance with all requirements of section
25 fifty-e of the general municipal law. An action against the authority
26 for wrongful death shall be commenced in accordance with the notice of
27 claim and time limitation provisions of title eleven of article nine of
28 this chapter.
29 § 55. Subdivision 2 of section 1621-q of the public authorities law,
30 as amended by chapter 804 of the laws of 1990, is amended to read as
31 follows:
32 2. Except in an action for wrongful death, an action against the
33 authority for damages for injuries to real or personal property, or for
34 the destruction thereof, or for personal injuries, alleged to have been
35 sustained, shall not be commenced more than one year and ninety days
36 after the cause of action therefor shall have accrued, nor unless a
37 notice of [intention to commence such action and of the time when and
38 place where the damages or personal injuries were incurred or sustained,
39 together with a verified statement showing in detail the property
40 alleged to have been damaged or destroyed and the value thereof, or the
41 personal injuries alleged to have been sustained and by whom, shall have
42 been filed with the secretary of the authority in the principal office
43 of the authority within six months after such cause of action shall have
44 accrued] claim shall have been served on the authority within the time
45 limit established by and in compliance with all requirements of section
46 fifty-e of the general municipal law. An action against the authority
47 for wrongful death shall be commenced in accordance with the notice of
48 claim and time limitation provisions of title eleven of article nine of
49 this chapter.
50 § 56. Subdivision 2 of section 1622-q of the public authorities law,
51 as added by chapter 489 of the laws of 1991, is amended to read as
52 follows:
53 2. Except in an action for wrongful death, an action against the
54 authority for damages for injuries to real or personal property, or for
55 the destruction thereof, or for personal injuries, alleged to have been
56 sustained, shall not be commenced more than one year and ninety days
A. 10657--A 20
1 after the cause of action therefor shall have accrued, nor unless a
2 notice of [intention to commence such an action and of the time when and
3 place where the damages or personal injuries were incurred or sustained,
4 together with a verified statement showing in detail the property
5 alleged to have been damaged or destroyed and the value thereof, or the
6 personal injuries alleged to have been sustained and by whom, shall have
7 been filed with the secretary of the authority in the principal office
8 of the authority within six months after such cause of action shall have
9 accrued] claim shall have been served on the authority within the time
10 limit established by and in compliance with all requirements of section
11 fifty-e of the general municipal law. An action against the authority
12 for wrongful death shall be commenced in accordance with the notice of
13 claim and time limitation provisions of title eleven of article nine of
14 this chapter.
15 § 57. Subdivision 2 of section 1777 of the public authorities law, as
16 amended by chapter 804 of the laws of 1990, is amended to read as
17 follows:
18 2. Except in an action for wrongful death, in a case founded upon a
19 tort, a notice of claim shall be required as a condition precedent to
20 the commencement of an action or special proceeding against the authori-
21 ty or an officer, appointee or employee thereof, and the provisions of
22 section fifty-e of the general municipal law shall govern the giving of
23 such notice. No action shall be commenced more than one year and ninety
24 days after the cause of action therefor shall have accrued, except in an
25 action for wrongful death, which shall be commenced in accordance with
26 the notice of claim and time limitation provisions of title eleven of
27 article nine of this chapter.
28 § 58. Subdivision 2 of section 1918 of the public authorities law, as
29 amended by chapter 804 of the laws of 1990, is amended to read as
30 follows:
31 2. Except in an action for wrongful death, an action against the
32 authority founded on tort shall not be commenced more than one year and
33 ninety days after the cause of action therefor shall have accrued, nor
34 unless a notice of claim shall have been served on the authority within
35 the time limited by, and in compliance with all the requirements of
36 section fifty-e of the general municipal law. An action against the
37 authority for wrongful death shall be commenced in accordance with the
38 notice of claim and time limitation provisions of title eleven of arti-
39 cle nine of this chapter.
40 § 59. Subdivision 2 of section 1939-g of the public authorities law,
41 as amended by chapter 804 of the laws of 1990, is amended to read as
42 follows:
43 2. Except in an action for wrongful death, an action against the
44 authority founded in tort shall not be commenced more than one year and
45 ninety days after the cause of action therefor shall have accrued, nor
46 unless a notice of claim shall have been served on the authority within
47 the time limited by, and in compliance with all the requirements of
48 section fifty-e of the general municipal law. An action against the
49 authority for wrongful death shall be commenced in accordance with the
50 notice of claim and time limitation provisions of title eleven of arti-
51 cle nine of this chapter.
52 § 60. Subdivision 2 of section 1966 of the public authorities law, as
53 added by chapter 759 of the laws of 1967, is amended to read as follows:
54 2. In a case founded upon tort, a notice of claim shall be required as
55 a condition precedent to the commencement of an action or special
56 proceeding against the authority or an officer, appointee or employee
A. 10657--A 21
1 thereof, and the provisions of section fifty-e of the general municipal
2 law shall govern the giving of such notice. No action shall be commenced
3 more than one year and ninety days after the cause of action therefor
4 shall have accrued.
5 § 61. Section 1984 of the public authorities law, as amended by chap-
6 ter 804 of the laws of 1990, is amended to read as follows:
7 § 1984. Actions. In any case founded upon tort a notice of claim shall
8 be required as a condition precedent to the commencement of an action or
9 special proceeding against the authority or any officer, appointee or
10 employee thereof, and the provisions of section fifty-e of the general
11 municipal law shall govern the giving of such notice. An action against
12 the authority for wrongful death shall be commenced in accordance with
13 the notice of claim and time limitation provisions of title eleven of
14 article nine of this chapter. Except in an action for wrongful death,
15 an action against the authority for damages for injuries to real or
16 personal property, or for the destruction thereof, or for personal inju-
17 ries, alleged to have been sustained, shall not be commenced more than
18 one year and ninety days after the cause of action therefor shall have
19 accrued.
20 § 62. Section 2032 of the public authorities law, as added by chapter
21 745 of the laws of 1969, is amended to read as follows:
22 § 2032. Actions. In any case founded upon tort a notice of claim shall
23 be required as a condition precedent to the commencement of an action or
24 special proceeding against the authority or any officer, appointee or
25 employee thereof, and the provisions of section fifty-e of the general
26 municipal law shall govern the giving of such notice. Except in an
27 action for wrongful death, an action against the authority for damages
28 for injuries to real or personal property, or for the destruction there-
29 of, or for personal injuries, alleged to have been sustained, shall not
30 be commenced more than one year and ninety days after the cause of
31 action therefor shall have accrued.
32 § 63. Subdivision 2 of section 2040-i of the public authorities law,
33 as amended by chapter 804 of the laws of 1990, is amended to read as
34 follows:
35 2. Except in an action for wrongful death, an action against the
36 authority founded on tort shall not be commenced more than one year and
37 ninety days after the cause of action therefor shall have accrued, nor
38 unless a notice of claim shall have been served on the authority within
39 the time limited by and in compliance with all the requirements of
40 section fifty-e of the general municipal law. An action against the
41 authority for wrongful death shall be commenced in accordance with the
42 notice of claim and time limitation provisions of title eleven of arti-
43 cle nine of this chapter.
44 § 64. Subdivision 2 of section 2046-i of the public authorities law,
45 as amended by chapter 804 of the laws of 1990, is amended to read as
46 follows:
47 2. Except in an action for wrongful death, an action against the agen-
48 cy founded on tort shall not be commenced more than one year and ninety
49 days after the cause of action therefor shall have accrued, nor unless a
50 notice of claim shall have been served on the agency within the time
51 limited by and in compliance with all the requirements of section
52 fifty-e of the general municipal law. An action against the agency for
53 wrongful death shall be commenced in accordance with the notice of claim
54 and time limitation provisions of title eleven of article nine of this
55 chapter.
A. 10657--A 22
1 § 65. Subdivision b of section 2087 of the public authorities law, as
2 amended by chapter 804 of the laws of 1990, is amended to read as
3 follows:
4 b. Except in an action for wrongful death, an action against the
5 authority founded in tort shall not be commenced more than one year and
6 ninety days after the cause of action therefor shall have accrued, nor
7 unless a notice of claim shall have been served on the authority within
8 the time limited by, and in compliance with all the requirements of
9 section fifty-e of the general municipal law. An action against the
10 authority for wrongful death shall be commenced in accordance with the
11 notice of claim and time limitation provisions of title eleven of arti-
12 cle nine of this chapter.
13 § 66. Subdivision 2 of section 2332 of the public authorities law, as
14 added by chapter 915 of the laws of 1969, is amended to read as follows:
15 2. In a case founded upon tort, a notice of claim shall be required as
16 a condition precedent to the commencement of an action or special
17 proceeding against the authority or an officer, appointee or employee
18 thereof, and the provisions of section fifty-e of the general municipal
19 law shall govern the giving of such notice. No action shall be commenced
20 more than one year and ninety days after the cause of action therefor
21 shall have accrued.
22 § 67. Section 2416 of the public authorities law, as added by chapter
23 612 of the laws of 1970, the closing paragraph as amended by chapter 804
24 of the laws of 1990, is amended to read as follows:
25 § 2416. Actions. In any case founded upon tort a notice of claim shall
26 be required as a condition precedent to the commencement of an action or
27 special proceeding against the agency or any officer, appointee or
28 employee thereof, and the provisions of section fifty-e of the general
29 municipal law shall govern the giving of such notice.
30 Except in an action for wrongful death, no action shall be commenced
31 (a) prior to the expiration of thirty days from the date on which the
32 demand, claim or claims upon which the action is founded were presented
33 to a director of the agency or other officer thereof designated for such
34 purpose nor (b) more than one year and ninety days after the cause of
35 action therefor shall have accrued. An action against the agency for
36 wrongful death shall be commenced in accordance with the notice of claim
37 and time limitation provisions of title eleven of article nine of this
38 chapter.
39 § 68. Section 2447 of the public authorities law, as added by chapter
40 902 of the laws of 1972, the closing paragraph as amended by chapter 804
41 of the laws of 1990, is amended to read as follows:
42 § 2447. Actions. In any case founded upon tort a notice of claim shall
43 be required as a condition precedent to the commencement of an action or
44 special proceeding against the agency or any officer, appointee or
45 employee thereof, and the provisions of section fifty-e of the general
46 municipal law shall govern the giving of such notice.
47 Except in an action for wrongful death, no action shall be commenced
48 (a) prior to the expiration of thirty days from the date on which the
49 demand, claim or claims upon which the action is founded were presented
50 to a director of the agency or other officer thereof designated for such
51 purpose nor (b) more than one year and ninety days after the cause of
52 action therefor shall have accrued. An action against the agency for
53 wrongful death shall be commenced in accordance with the notice of claim
54 and time limitation provisions of title eleven of article nine of this
55 chapter.
A. 10657--A 23
1 § 69. Section 2570 of the public authorities law, as amended by chap-
2 ter 804 of the laws of 1990, is amended to read as follows:
3 § 2570. Actions. A notice of claim, served in accordance with the
4 provisions of section fifty-e of the general municipal law, shall be a
5 condition precedent to the commencement of an action against the corpo-
6 ration, its directors, officers, employees or agents. No such action
7 shall be commenced more than one year and ninety days after it has
8 accrued, except that an action against the corporation for wrongful
9 death shall be commenced in accordance with the notice of claim and time
10 limitation provisions of title eleven of article nine of this chapter.
11 § 70. Subdivision 2 of section 2638 of the public authorities law, as
12 amended by chapter 804 of the laws of 1990, is amended to read as
13 follows:
14 2. In a case founded upon tort, a notice of claim shall be required as
15 a condition precedent to the commencement of an action or special
16 proceeding against the commission or an officer, appointee or employee
17 thereof, and the provisions of section fifty-e of the general municipal
18 law shall govern the giving of such notice. No action shall be commenced
19 more than one year and ninety days after the cause of action therefor
20 shall have accrued, except an action against the commission for wrongful
21 death shall be commenced in accordance with the notice of claim and time
22 limitation provisions of title eleven of article nine of this chapter.
23 § 71. Subdivision 2 of section 376-a of the education law, as amended
24 by chapter 804 of the laws of 1990, is amended to read as follows:
25 2. Except in an action for wrongful death, an action against the fund
26 for damages for injuries to real or personal property, or for the
27 destruction thereof, or for personal injuries, alleged to have been
28 sustained, shall not be commenced more than one year and ninety days
29 after the cause of action therefor shall have accrued, nor unless a
30 notice of [intention to commence such action and of the time when and
31 place where the damages or personal injuries were incurred or sustained,
32 together with a verified statement showing in detail the property
33 alleged to have been damaged or destroyed and the value thereof, or the
34 personal injuries, alleged to have been sustained, and by whom, shall
35 have been filed with a trustee or officer of the fund in the principal
36 office of the fund within ninety days after such cause of action shall
37 have accrued] claim shall have been served on the fund within the time
38 limit established by, and in compliance with all requirements of section
39 fifty-e of the general municipal law. An action against the fund for
40 wrongful death shall be commenced in accordance with the notice of claim
41 and time limitation provisions of title eleven of article nine of the
42 public authorities law.
43 § 72. Subdivision 3 of section 467 of the education law, as amended by
44 chapter 804 of the laws of 1990, is amended to read as follows:
45 3. Except in an action for wrongful death, an action against the fund
46 for damages for injuries to real or personal property, or for the
47 destruction thereof, or for personal injuries, alleged to have been
48 sustained, shall not be commenced more than one year and ninety days
49 after the cause of action therefor shall have accrued, nor unless a
50 notice of [intention to commence such action and of the time when and
51 place where the damages or personal injuries were incurred or sustained,
52 together with a verified statement showing in detail the property
53 alleged to have been damaged or destroyed and the value thereof, or the
54 personal injuries, alleged to have been sustained, and by whom, shall
55 have been filed with a trustee or officer of the fund in the principal
56 office of the fund within ninety days after such cause of action shall
A. 10657--A 24
1 have accrued] claim shall have been served on the fund within the time
2 limit established by, and in compliance with all requirements of section
3 fifty-e of the general municipal law. An action against the fund for
4 wrongful death shall be commenced in accordance with the notice of claim
5 and time limitation provisions of title eleven of article nine of the
6 public authorities law.
7 § 73. Subdivision 3 of section 491 of the education law, as amended by
8 chapter 804 of the laws of 1990, is amended to read as follows:
9 3. Except in an action for wrongful death, an action against the fund
10 for damages for injuries to real or personal property, or for the
11 destruction thereof, or for personal injuries, alleged to have been
12 sustained, shall not be commenced more than one year and ninety days
13 after the cause of action therefor shall have accrued, nor unless a
14 notice of [intention to commence such action and of the time when and
15 place where the damages or personal injuries were incurred or sustained,
16 together with a verified statement showing in detail the property
17 alleged to have been damaged or destroyed and the value thereof, or the
18 personal injuries, alleged to have been sustained, and by whom, shall
19 have been filed with a trustee or officer of the fund in the principal
20 office of the fund within ninety days after such cause of action shall
21 have accrued] claim shall have been served on the fund within the time
22 limit established by, and in compliance with all requirements of section
23 fifty-e of the general municipal law. An action against the fund for
24 wrongful death shall be commenced in accordance with the notice of claim
25 and time limitation provisions of title eleven of article nine of the
26 public authorities law.
27 § 74. Section 41.29 of the mental hygiene law, as amended by chapter
28 588 of the laws of 1973 and as renumbered by chapter 978 of the laws of
29 1977, is amended to read as follows:
30 § 41.29 Liability of local government.
31 Any local government which has established a local governmental unit
32 shall save harmless and protect the members of the board and officers
33 and employees of such unit from financial loss arising out of any claim,
34 demand, suit, or judgment by reason of alleged negligence or other act
35 resulting in accidental bodily harm or injury to any person, provided
36 such board member, officer, or employee at the time of the accident or
37 injury was acting in the discharge of his duties within the scope of his
38 employment under this article. No action shall be maintained under this
39 section against such a local government, board member, officer, or
40 employee unless a notice of claim shall have been made and served in
41 compliance with section fifty-e of the general municipal law. Except in
42 an action for wrongful death, an action against such a local government,
43 board member, officer, or employee for damages for injuries to real or
44 personal property, or for the destruction thereof, or for personal inju-
45 ries, alleged to have been sustained, shall not be commenced more than
46 one year and ninety days after the cause of action therefor shall have
47 accrued.
48 § 75. Subdivision 1 of section 667 of the private housing finance law,
49 as amended by chapter 804 of the laws of 1990 and as designated by chap-
50 ter 702 of the laws of 1992, is amended to read as follows:
51 1. Except in an action for wrongful death, in any case founded upon
52 tort a notice of claim shall be required as a condition precedent to the
53 commencement of an action or special proceeding against the corporation,
54 any of its subsidiary corporations, or any officer, appointee or employ-
55 ee thereof, and the provisions of section fifty-e of the general munici-
56 pal law shall govern the giving of such notice. An action for wrongful
A. 10657--A 25
1 death shall be commenced in accordance with the notice of claim and time
2 limitation provisions of title eleven of article nine of the public
3 authorities law. Any other action against the corporation, any of its
4 subsidiary corporations, or any other officer, appointee or employee
5 thereof for damages for injuries to real or personal property, or for
6 the destruction thereof, or for personal injuries, alleged to have been
7 sustained, shall not be commenced more than one year and ninety days
8 after the cause of action therefor shall have accrued.
9 § 76. Subdivision 3 of section 12 of section 1 of chapter 359 of the
10 laws of 1968, constituting the facilities development corporation act,
11 as amended by chapter 804 of the laws of 1990, is amended to read as
12 follows:
13 3. Except in an action for wrongful death, an action against the
14 corporation for damages for injuries to real or personal property, or
15 for the destruction thereof, or for personal injuries, alleged to have
16 been sustained, shall not be commenced more than one year and ninety
17 days after the cause of action therefor shall have accrued, nor unless a
18 notice of [intention to commence such action and of the time when and
19 place where the damages or personal injuries were incurred or sustained,
20 together with a verified statement showing in detail the property
21 alleged to have been damaged or destroyed and the value thereof, or the
22 personal injuries, alleged to have been sustained, and by whom, shall
23 have been filed with a member or officer of the corporation in the prin-
24 cipal office of the corporation within ninety days after such cause of
25 action shall have accrued] claim shall have been served on the corpo-
26 ration within the time limit established by and in compliance with all
27 requirements of section fifty-e of the general municipal law. An action
28 against the corporation for wrongful death shall be commenced in accord-
29 ance with the notice of claim and time limitation provisions of title
30 eleven of article nine of the public authorities law.
31 § 77. Subdivision a of section 19-152.2 of the administrative code of
32 the city of New York, as amended by local law number 104 of the city of
33 New York for the year 1993, is amended to read as follows:
34 a. A claim against the department arising from the city's performance
35 pursuant to section 19-152 of the code shall be initiated within one
36 year from the date of entry of a notice of account [by filing] if the
37 claimant shall have filed a notice of claim with the office of the comp-
38 troller of the city of New York within the time limit established by,
39 and in compliance with all the requirements of section fifty-e of the
40 general municipal law. The claim forms shall be provided to property
41 owners upon request at no cost.
42 § 78. Chapter 154 of the laws of 1921, relating to the port authority
43 of New York and New Jersey is amended by adding a new article XI-A to
44 read as follows:
45 ARTICLE XI-A
46 Notwithstanding any other provision of law to the contrary, every
47 action against the authority for damages or injuries to real or personal
48 property, or for the destruction thereof, or for personal injuries or
49 wrongful death shall not be commenced unless a notice of claim shall
50 have been served on the authority in the manner provided for in the
51 state where the action is commenced, and in compliance with the perti-
52 nent statutes of the state relating generally to actions commenced
53 against that state and in compliance with all the requirements of the
54 laws of that state. Where such state's law permits service upon a
55 department of that state in lieu of service upon the public entity,
56 service may be made pursuant to such law. Except in an action for wrong-
A. 10657--A 26
1 ful death against such an entity, an action for damages or for injuries
2 to real or personal property, or for the destruction thereof, or for
3 personal injuries, alleged to have been sustained, shall not be
4 commenced more than one year and ninety days after the cause of action
5 therefor shall have accrued or within the time period otherwise
6 prescribed by any special provision of law of that state, whichever is
7 longer.
8 § 79. This act shall take effect on the one hundred eightieth day
9 after it shall have become a law and shall apply to all actions and
10 proceedings accruing on or after such date; provided, however, that
11 section seventy-eight of this act shall take effect upon the enactment
12 into law by the state of New Jersey of legislation having an identical
13 effect as section seventy-eight of this act, but if the state of New
14 Jersey shall have enacted such legislation into law prior to the first
15 day of January next succeeding the date upon which this act shall have
16 become a law, section seventy-eight of this act shall take effect on the
17 one hundred eightieth day from the date upon which it shall have become
18 a law; provided further, however, that the state of New Jersey shall
19 notify the legislative bill drafting commission upon the occurrence of
20 the enactment of the provisions provided for in this act in order that
21 the commission may maintain an accurate and timely effective data base
22 of the official text of the laws of the state of New York in furtherance
23 of effecting the provisions of section 44 of the legislative law and
24 section 70-b of the public officers law.
