|SAME AS||No Same As|
|Amd §§50-e & 50-i, Gen Muni L|
|Authorizes the filing of a notice of claim in New York city even after the ninety day period if the person notifies the responsible agency regarding the problem in writing within ninety days after such claim arises, the time otherwise limited for filing the notice of claim is extended until such time that the responsible agency provides a determination in writing detailing what actions that the agency will take to resolve the claim; provided, further, that the time within which the notice of claim must be filed shall not be extended by this provision beyond one year after the cause of action accrues.|
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STATE OF NEW YORK ________________________________________________________________________ 1495 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general municipal law, in relation to filing a notice of claim in New York city The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 50-e of the general municipal law 2 is amended by adding a new paragraph (a-1) to read as follows: 3 (a-1) Notwithstanding the provisions of paragraph (a) of this subdivi- 4 sion, in a city with a population of one million or more, where a person 5 notifies the responsible agency in writing within ninety days after such 6 claim arises, the time otherwise limited for filing the notice of claim 7 is extended until such time that the responsible agency provides a 8 determination in writing detailing what actions that the agency shall 9 take to resolve the claim. However, the time within which the notice of 10 claim must be filed shall not be extended by this provision beyond one 11 year after the cause of action accrues. 12 § 2. Subdivision 1 of section 50-i of the general municipal law, as 13 amended by chapter 24 of the laws of 2013, is amended to read as 14 follows: 15 1. No action or special proceeding shall be prosecuted or maintained 16 against a city, county, town, village, fire district or school district 17 for personal injury, wrongful death or damage to real or personal prop- 18 erty alleged to have been sustained by reason of the negligence or 19 wrongful act of such city, county, town, village, fire district or 20 school district or of any officer, agent or employee thereof, including 21 volunteer firemen of any such city, county, town, village, fire district 22 or school district or any volunteer fireman whose services have been 23 accepted pursuant to the provisions of section two hundred nine-i of 24 this chapter, unless, (a) a notice of claim shall have been made and 25 served upon the city, county, town, village, fire district or school EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00814-01-7S. 1495 2 1 district in compliance with section fifty-e of this article, (b) it 2 shall appear by and as an allegation in the complaint or moving papers 3 that at least thirty days have elapsed since the service of such notice, 4 or if service of the notice of claim is made by service upon the secre- 5 tary of state pursuant to section fifty-three of this article, that at 6 least forty days have elapsed since the service of such notice, and that 7 adjustment or payment thereof has been neglected or refused, [ and] (c) 8 the action or special proceeding shall be commenced within one year and 9 ninety days after the happening of the event upon which the claim is 10 based; except that wrongful death actions shall be commenced within two 11 years after the happening of the death, and (c-1) notwithstanding the 12 provisions of paragraph (c) of this subdivision, in a city with a popu- 13 lation of one million or more, where a person notifies the responsible 14 agency pursuant to paragraph (a-1) of subdivision one of section fifty-e 15 of this article, the time otherwise limited for commencing the action 16 shall be two years after the cause of action accrues. 17 § 3. This act shall take effect immediately.