S07641 Summary:

BILL NOS07641B
 
SAME ASSAME AS A10657-A
 
SPONSORMARTINS
 
COSPNSR
 
MLTSPNSR
 
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.
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S07641 Actions:

BILL NOS07641B
 
06/11/2012REFERRED TO RULES
06/14/2012AMEND (T) AND RECOMMIT TO RULES
06/14/2012PRINT NUMBER 7641A
06/18/2012AMEND AND RECOMMIT TO RULES
06/18/2012PRINT NUMBER 7641B
06/21/2012ORDERED TO THIRD READING CAL.1518
06/21/2012PASSED SENATE
06/21/2012DELIVERED TO ASSEMBLY
06/21/2012referred to judiciary
06/21/2012substituted for a10657a
06/21/2012ordered to third reading rules cal.593
06/21/2012passed assembly
06/21/2012returned to senate
12/05/2012DELIVERED TO GOVERNOR
12/17/2012SIGNED CHAP.500
12/17/2012APPROVAL MEMO.24
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S07641 Floor Votes:

DATE:06/21/2012Assembly Vote  YEA/NAY: 120/13
ER
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
No
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
No
Lopez PD
Yes
O'Donnell
ER
Scarborough
Yes
Aubry
Yes
Cook
ER
Graf
ER
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
No
Palmesano
Yes
Schimminger
No
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
ER
Barron
Yes
Crouch
Yes
Hawley
ER
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
No
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
ER
Hikind
No
Malliotakis
Yes
Quart
ER
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
No
Rabbitt
Yes
Tedisco
Yes
Brennan
No
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
ER
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
No
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
No
Friend
Yes
Kearns
ER
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
NV
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
ER
Gantt
ER
Lancman
Yes
Montesano
ER
Rodriguez
Yes
Wright
No
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S07641 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7641--B
 
                    IN SENATE
 
                                      June 11, 2012
                                       ___________
 
        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16120-07-2

        S. 7641--B                          2
 
     1  pal  law. Except in an action for wrongful death against such an entity,

     2  an action for damages or for injuries to real or personal  property,  or
     3  for  the  destruction thereof, or for personal injuries, alleged to have
     4  been  sustained,  shall  not  be commenced more than one year and ninety
     5  days after the cause of action therefor shall have accrued or within the
     6  time period otherwise prescribed by any special provision of law, which-
     7  ever is longer.  Nothing herein is intended to amend the court of claims
     8  act or any provision thereof.
     9    § 3.  Paragraph 12 of subdivision (a) of section  8301  of  the  civil
    10  practice law and rules is renumbered paragraph 13 and a new paragraph 12
    11  is added to read as follows:
    12    12.  any  fee  imposed by section fifty-three of the general municipal
    13  law; and

    14    § 4. Subdivision 3 of section 50-e of the  general  municipal  law  is
    15  amended by adding a new paragraph (f) to read as follows:
    16    (f) Service of a notice of claim on the secretary of state as agent of
    17  any  public  corporation whatsoever created or existing by virtue of the
    18  laws of the state of New York upon whom service of a notice of claim  is
    19  required  as  a  condition  precedent  to  being  sued,  may  be made by
    20  personally delivering to and leaving with the secretary of  state  or  a
    21  deputy,  or  with  any  person  authorized  by the secretary of state to
    22  receive such service, at any office of the department of  state  in  the
    23  city  of  Albany  or at one of his or her regularly established offices,

    24  duplicate copies of such notice of   claim together with  the  statutory
    25  fee,  which  fee shall be a taxable disbursement. Service on such public
    26  corporation shall be complete when the secretary of state is so  served.
    27  The  secretary of state shall promptly send one of such copies by certi-
    28  fied mail, return receipt requested, to such public corporation, at  the
    29  post  office  address, on file in the department of state, specified for
    30  the purpose.
    31    § 5. Subdivision 5 of section 50-e of the general  municipal  law,  as
    32  amended  by  chapter  12  of  the  laws  of  2010, is amended to read as
    33  follows:
    34    5. Application for leave to serve a late notice.
    35    Upon application, the court, in its discretion, may extend the time to

    36  serve a notice of claim specified in paragraph (a) of subdivision one of
    37  this section, whether such service was made upon a public corporation or
    38  the secretary of state. The extension shall not exceed the time  limited
    39  for  the  commencement  of  an action by the claimant against the public
    40  corporation. In determining whether to grant the  extension,  the  court
    41  shall  consider,  in  particular,  whether the public corporation or its
    42  attorney or its insurance  carrier  acquired  actual  knowledge  of  the
    43  essential  facts  constituting  the  claim  within the time specified in
    44  subdivision one of this section or within a reasonable time  thereafter.
    45  The  court  shall  also  consider  all  other relevant facts and circum-
    46  stances, including: whether the claimant was an infant, or  mentally  or
    47  physically incapacitated, or died before the time limited for service of

    48  the  notice  of  claim;  whether  the  claimant failed to serve a timely
    49  notice of claim by reason of his justifiable  reliance  upon  settlement
    50  representations  made  by  an  authorized  representative  of the public
    51  corporation or its insurance carrier; whether the claimant in serving  a
    52  notice  of  claim made an excusable error concerning the identity of the
    53  public corporation against  which  the  claim  should  be  asserted;  if
    54  service of the notice of claim is attempted by electronic means pursuant
    55  to paragraph (e) of subdivision three of this section, whether the delay
    56  in serving the notice of claim was based upon the failure of the comput-

        S. 7641--B                          3
 
     1  er  system  of the city or the claimant or the attorney representing the
     2  claimant; that such claimant or attorney, as the case may be,  submitted

     3  evidence  or  proof  as is reasonable showing that (i) the submission of
     4  the claim was attempted to be electronically made in a timely manner and
     5  would  have  been  completed  but for the failure of the computer system
     6  utilized by the sender or recipient, and (ii) that upon  becoming  aware
     7  of  both  the  failure  of  such  system  and the failure of the city to
     8  receive such submission, the claimant or attorney had insufficient  time
     9  to  make  such  claim  within  the  permitted time period in a manner as
    10  otherwise prescribed by law; and whether the delay in serving the notice
    11  of claim substantially prejudiced the public corporation in  maintaining
    12  its defense on the merits.
    13    An application for leave to serve a late notice shall not be denied on
    14  the  ground that it was made after commencement of an action against the
    15  public corporation.

    16    § 6. The general municipal law is amended by adding a new  section  53
    17  to read as follows:
    18    §  53.  Alternative  service  of notice of claim upon the secretary of
    19  state. 1. In lieu of serving a notice of claim upon a public corporation
    20  as provided for in section fifty-e of this article, a  notice  of  claim
    21  setting  forth  the  same information as required by such section may be
    22  served upon the secretary of state in the same manner as if served  with
    23  the  public  corporation.  All  the  requirements  relating to the form,
    24  content, time limitations, exceptions, extensions and any  other  proce-
    25  dural  requirements  imposed in such section with respect to a notice of
    26  claim served upon a public corporation shall correspondingly apply to  a

    27  notice  of claim served upon the secretary of state as permitted by this
    28  section. For purposes of this article, the secretary of state  shall  be
    29  deemed to be the agent for all public corporations upon whom a notice of
    30  claim  may  be  served prior to commencement of any action or proceeding
    31  subject to the requirements of this article.
    32    2. The secretary of state shall designate an office within the depart-
    33  ment of state whereat persons are entitled by  law  to  timely  serve  a
    34  notice  of  claim  upon the secretary of state as the agent for a public
    35  corporation as a condition precedent to commencement  of  an  action  or
    36  proceeding.  All public corporations entitled to have served upon them a

    37  notice of claim as a condition precedent to commencement of an action or
    38  proceeding shall, no later than thirty days after the  date  upon  which
    39  this section shall take effect, file a certificate with the secretary of
    40  state  designating the secretary as the agent for service of a notice of
    41  claim and shall in such statement provide the secretary  with  the  name
    42  and  address of an officer, person, or designee, nominee or other agent-
    43  in-fact for the transmittal of notices of claim served upon  the  secre-
    44  tary  as  the  public  corporation's  agent.  Any designated post-office
    45  address to which the secretary of state shall mail a copy of the  notice
    46  of  claim  served  upon  him  or  her  as agent shall continue to be the

    47  address to which such notices shall be mailed until  the  public  corpo-
    48  ration  sends  a  notice  to the secretary informing him or her of a new
    49  address to which such notices shall be mailed. The initial  filing  with
    50  the  secretary of state shall also contain the applicable time limit for
    51  filing a notice of claim upon  that  public  corporation,  or  if  later
    52  changed  by  statute,  a  new filing shall be made detailing the altered
    53  time limit. Any public corporation who does not have a current and time-
    54  ly statutory designation filed with the secretary of state shall not  be
    55  entitled  to the portion of the fee to which it would otherwise be enti-
    56  tled pursuant to subdivision four of  this  section.    Failure  of  the


        S. 7641--B                          4
 
     1  public  corporation  to  so  file  with  the secretary of state will not
     2  invalidate any service of a notice of claim upon the public  corporation
     3  which has been received by the secretary of state.
     4    3. The secretary of state is hereby empowered to accept properly tran-
     5  smitted  notices  of  claims on behalf of a public corporation, with the
     6  same effect as if served directly upon a public corporation. The  secre-
     7  tary  of  state  shall  accept such service upon the following terms and
     8  conditions:
     9    (a) the secretary of state shall set and notify the public, on his  or
    10  her  website,  as to reasonable times, places and manner of service upon
    11  him or her of notices of claims;

    12    (b) upon receipt of a notice of claim, the secretary  of  state  shall
    13  issue  a  receipt  or other document acknowledging his or her receipt of
    14  such notice, and such receipt shall contain the date and time of receipt
    15  of the notice, an identifying number or name particular  to  the  notice
    16  received,  and the logo or seal of the department of state embossed upon
    17  it. Such receipt shall be prima  facie  evidence  of  service  upon  the
    18  secretary of state for all purposes;
    19    (c) within ten days after receiving the notice of claim, the secretary
    20  of  state shall transmit an original or a copy of the notice of claim to
    21  the public corporation named in the notice;
    22    (d) nothing in this section shall be deemed to alter, waive or  other-

    23  wise  abrogate  any  defense available to a public corporation as to the
    24  nature, sufficiency, or appropriateness of the notice of  claim  itself,
    25  or  to  any  challenges  to the timeliness of the service of a notice of
    26  claim.  Timely service upon the secretary of state shall be deemed time-
    27  ly service upon the public corporation for purposes  of  instituting  an
    28  action or proceeding or other requirement imposed by law.
    29    4.  The secretary of state may impose a fee upon any person who serves
    30  a notice of claim with the department. Such fee  shall  not  exceed  two
    31  hundred  fifty  dollars  for each such notice filed. One-half of the fee
    32  imposed shall be retained by the secretary of state as payment  for  its

    33  services  provided  in  accordance with this section. The remaining one-
    34  half of such fee shall be forwarded to the public corporation  named  in
    35  the  notice  of  claim  provided,  however, if more than one such public
    36  corporation is named, each named public corporation shall be entitled to
    37  an equal percentage of the one-half amount.
    38    5. The secretary of state shall within sixty days after the  effective
    39  date  of  this  section  post  on the departmental website a list of any
    40  public corporation,  including  any  public  authority,  public  benefit
    41  corporation or any other entity entitled to receive a notice of claim as
    42  a  condition  precedent  to commencement of an action or proceeding, and

    43  that has filed, pursuant to this section, a certificate with the  secre-
    44  tary  of  state  designating the secretary as the agent for service of a
    45  notice of claim. The list should identify the entity, the address of the
    46  public corporation to which the notice of claim shall  be  forwarded  by
    47  the secretary of state, and any statutory provisions uniquely pertaining
    48  to such public corporation and the commencement of an action or proceed-
    49  ing against it.
    50    §  7.  Subdivision  2  of section 880 of the general municipal law, as
    51  added by chapter 1030 of the  laws  of  1969,  is  amended  to  read  as
    52  follows:
    53    (2)  In  a case founded upon tort, a notice of claim shall be required
    54  as a condition precedent to the commencement of  an  action  or  special

    55  proceeding against the agency or an officer, appointee or employee ther-
    56  eof,  and  the  provisions  of section fifty-e of [the general municipal

        S. 7641--B                          5

     1  law] this chapter shall govern the giving  of  such  notice.  No  action
     2  shall be commenced more than one year and ninety days after the cause of
     3  action therefor shall have accrued.
     4    §  8.  Paragraph  (viii)  of  subdivision  (b) of section 970-n of the
     5  general municipal law, as added by chapter 916 of the laws of  1984  and
     6  such  section  as  renumbered  by  chapter  686  of the laws of 1986, is
     7  amended to read as follows:
     8    (viii) No action or  proceeding  shall  be  prosecuted  or  maintained
     9  against  an  authority for personal injury or damage to real or personal

    10  property alleged to have been sustained by reason of the  negligence  or
    11  wrongful  act of the authority or any member, officer, agent or employee
    12  thereof, unless (1) notice of claim shall have been made and served upon
    13  the authority or the secretary of state within  the  time  limit  estab-
    14  lished by and in compliance with section fifty-e of [the general munici-
    15  pal  law]  this  chapter, (2) it shall appear by and as an allegation in
    16  the complaint or moving papers that at least thirty  days  have  elapsed
    17  since  the  service  of  such  notice and that the adjustment or payment
    18  thereof has been neglected or refused, and (3) the action or  proceeding
    19  shall  be commenced within one year and ninety days after the [happening

    20  of the event upon which the claim is based] cause of action  shall  have
    21  accrued.
    22    §  9.  Paragraph (d) of subdivision 2 of article IV of section 21-1701
    23  of the environmental conservation law is amended to read as follows:
    24    (d) The foregoing consent is granted upon the condition that any suit,
    25  action  or  proceeding  prosecuted  or  maintained  hereunder  shall  be
    26  commenced  within  one  year  and  ninety days after the cause of action
    27  therefor shall have accrued, and upon the further condition that in  the
    28  case  of  any  suit, action or proceeding for the recovery or payment of
    29  money, prosecuted or maintained hereunder, a notice of claim shall  have
    30  been  served  upon  the  Commission  by or on behalf of the plaintiff or
    31  plaintiffs [at least sixty days before such suit, action  or  proceeding

    32  is  commenced]  within  the  time limit established by and in compliance
    33  with section fifty-e of the general municipal law.   The  provisions  of
    34  this subparagraph shall not apply to claims arising out of provisions of
    35  any workmen's compensation law of any of the signatory States.
    36    §  10.  Subdivision 2 of section 540 of the public authorities law, as
    37  added by chapter 804 of the laws of 1990, is amended to read as follows:
    38    2. [An] 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 were incurred  or  sustained,  together  with  a
    45  verified  statement  showing in detail the property alleged to have been
    46  damaged or destroyed and the value thereof,  or  the  personal  injuries
    47  alleged to have been sustained and by whom,] claim shall have been filed
    48  [in  the principal office of the authority within ninety days after such
    49  cause of action shall have accrued] within the time limit established by
    50  and in compliance with section fifty-e of the general municipal law.
    51    § 11. Subdivision 2 of section 569-a of the public authorities law, as
    52  amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
    53  follows:

    54    2.  Except  in  an  action  for  wrongful death, an action against the
    55  authority for damages for injuries to real or personal property, or  for
    56  the  destruction thereof, or for personal injuries, alleged to have been

        S. 7641--B                          6
 
     1  sustained, shall not be commenced more than one  year  and  ninety  days
     2  after  the  cause  of  action  therefor shall have accrued, nor unless a
     3  notice of [intention to commence such action and of the  time  when  and
     4  place where the damages or personal injuries were incurred or sustained,
     5  together  with  a  verified  statement  showing  in  detail the property
     6  alleged to have been damaged or destroyed and the value thereof, or  the
     7  personal  injuries  alleged  to  have been sustained and by whom,] claim

     8  shall have been filed [with the secretary of the authority in the  prin-
     9  cipal  office  of  the  authority  within six months after such cause of
    10  action shall have accrued] within the time limit established by  and  in
    11  compliance  with section fifty-e of the general municipal law. An action
    12  against the authority for wrongful death shall be commenced  in  accord-
    13  ance  with  the  notice of claim and time limitation provisions of title
    14  eleven of article nine of this chapter.
    15    § 12. Subdivision 2 of section 666-b of the public authorities law, as
    16  added by chapter 804 of the laws of 1990, is amended to read as follows:
    17    2. An action against the authority for damages for injuries to real or
    18  personal property, or for the destruction thereof, or for personal inju-

    19  ries, alleged to have been sustained shall not be  commenced  more  than
    20  one  year  and ninety days after the cause of action therefor shall have
    21  accrued, nor unless a notice of [intention to commence such  action  and
    22  of the time when and place where the damages were incurred or sustained,
    23  together  with  a  verified  statement  showing  in  detail the property
    24  alleged to have been damaged or destroyed and the value thereof, or  the
    25  personal injuries alleged to have been sustained and by whom, shall have
    26  been  filed  in the principal office of the authority within ninety days
    27  after such cause of action shall have accrued]  claim  shall  have  been
    28  served  on  the  authority  within the time limit established by, and in

    29  compliance with all requirements  of  section  fifty-e  of  the  general
    30  municipal law.
    31    §  13.  Subdivision 2 of section 735 of the public authorities law, as
    32  added by chapter 804 of the laws of 1990, is amended to read as follows:
    33    2. An action against the authority for damages for injuries to real or
    34  personal property, or for the destruction thereof, or for personal inju-
    35  ries, alleged to have been sustained shall not be  commenced  more  than
    36  one  year  and ninety days after the cause of action therefor shall have
    37  accrued, nor unless a notice of [intention to commence such  action  and
    38  of the time when and place where the damages 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  in the principal office of the authority within ninety days
    43  after such cause of action shall have accrued]  claim  shall  have  been
    44  served  within the time limit established by, and in compliance with all
    45  requirements of section fifty-e of the general municipal law.
    46    § 14. Subdivision 1 of section 889 of the public authorities  law,  as
    47  amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
    48  follows:
    49    1. In any case founded upon a tort a notice of claim shall be required
    50  as a condition precedent to the commencement of  an  action  or  special
    51  proceeding  against  the authority and the provisions of section fifty-e

    52  of the general municipal law shall apply.    Except  in  an  action  for
    53  wrongful death, an action against the authority for damages for injuries
    54  to  real  or  personal  property, or for the destruction thereof, or for
    55  personal  injuries,  alleged  to  have  been  sustained,  shall  not  be

        S. 7641--B                          7
 
     1  commenced  more  than one year and ninety days after the cause of action
     2  therefor shall have accrued.
     3    §  15. Subdivision 1 of section 1017 of the public authorities law, as
     4  added by chapter 804 of the laws of 1990, is amended to read as follows:
     5    1. In any action founded upon tort a notice of claim shall be required
     6  as a condition precedent to the commencement of  an  action  or  special

     7  proceeding  against  the  authority  or any officer, appointee, agent or
     8  employee thereof, and the provisions of section fifty-e of  the  general
     9  municipal  law  shall  govern  the  giving  of such notice. Except in an
    10  action for wrongful death, an action against the authority  for  damages
    11  for injuries to real or personal property, or for the destruction there-
    12  of,  or for personal injuries, alleged to have been sustained, shall not
    13  be commenced more than one year and  ninety  days  after  the  cause  of
    14  action therefor shall have accrued.
    15    §  16.  Subdivision 1 of section 1020-u of the public authorities law,
    16  as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
    17  follows:
    18    1. In any action founded upon tort a notice of claim shall be required

    19  as  a  condition  precedent  to the commencement of an action or special
    20  proceeding against the authority or any  officer,  appointee,  agent  or
    21  employee  thereof,  and the provisions of section fifty-e of the general
    22  municipal law shall govern the giving  of  such  notice.  Except  in  an
    23  action  for  wrongful death, an action against the authority for damages
    24  for injuries to real or personal property, or for the destruction there-
    25  of, or for personal injuries, alleged to have been sustained, shall  not
    26  be  commenced  more  than  one  year  and ninety days after the cause of
    27  action therefor shall have accrued.
    28    § 17. Subdivision 3 of section 1021-m of the public  authorities  law,
    29  as  added  by  chapter  533  of  the laws of 2010, is amended to read as
    30  follows:

    31    3. An action against the authority founded on tort shall be  commenced
    32  in compliance with all the requirements of section fifty-e of the gener-
    33  al municipal law, except that an action against the authority for wrong-
    34  ful  death shall be commenced in accordance with the provisions of title
    35  eleven of article nine of this chapter. Except in an action for wrongful
    36  death, an action against the authority for damages for injuries to  real
    37  or  personal  property,  or for the destruction thereof, or for personal
    38  injuries, alleged to have been sustained, shall not  be  commenced  more
    39  than  one  year and ninety days after the cause of action therefor shall
    40  have accrued.
    41    § 18. Subdivision 1 of section 1048-v of the public  authorities  law,

    42  as  amended  by  chapter  804 of the laws of 1990, is amended to read as
    43  follows:
    44    1. Except in an action for wrongful death,  no  action  or  proceeding
    45  shall  be  prosecuted  or  maintained against the authority or the water
    46  board for personal injury or damage to real or personal property alleged
    47  to have been sustained by reason of the negligence or  wrongful  act  of
    48  the  authority or the board or of any member, officer, agent or employee
    49  thereof, unless (i) a notice of claim shall have been  made  and  served
    50  upon  the  authority  or the water board, as the case may be, within the
    51  time limit by and in compliance with  section  fifty-e  of  the  general
    52  municipal  law,  (ii)  it  shall  appear  by and as an allegation in the
    53  complaint or moving papers that at least thirty days have elapsed  since
    54  the  service  of  such notice and that adjustment or payment thereof has

    55  been neglected or refused, and (iii) the action or proceeding  shall  be
    56  commenced  within  one  year  and ninety days after the happening of the

        S. 7641--B                          8
 
     1  event upon which the claim is based. An action against the authority  or
     2  water board for wrongful death shall be commenced in accordance with the
     3  notice  of claim and time limitation provisions of title eleven of arti-
     4  cle nine of this chapter.
     5    §  19. Subdivision 1 of section 1067 of the public authorities law, as
     6  amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
     7  follows:
     8    1.  In  any case founded upon tort a notice of claim shall be required
     9  as a condition precedent to the commencement of  an  action  or  special
    10  proceeding  against  the  authority  or any officer, appointee, agent or

    11  employee thereof, and the provisions of section fifty-e of  the  general
    12  municipal  law  shall  govern  the giving of such notice.   Except in an
    13  action for wrongful death, an action against the authority  for  damages
    14  for injuries to real or personal property, or for the destruction there-
    15  of,  or for personal injuries, alleged to have been sustained, shall not
    16  be commenced more than one year and  ninety  days  after  the  cause  of
    17  action therefor shall have accrued.
    18    §  20. Subdivision 1 of section 1089 of the public authorities law, as
    19  amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
    20  follows:
    21    1.  In  any case founded upon tort a notice of claim shall be required
    22  as a condition precedent to the commencement of  an  action  or  special

    23  proceeding  against  the authority or any officer, appointee or employee
    24  thereof, and the provisions of section fifty-e of the general  municipal
    25  law  shall  govern  the  giving of such notice.  Except in an action for
    26  wrongful death, an action against the authority for damages for injuries
    27  to real or personal property, or for the  destruction  thereof,  or  for
    28  personal  injuries,  alleged  to  have  been  sustained,  shall  not  be
    29  commenced more than one year and ninety days after the cause  of  action
    30  therefor shall have accrued.
    31    §  21. Subdivision 1 of section 1109 of the public authorities law, as
    32  amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
    33  follows:
    34    1.  In  any case founded upon tort a notice of claim shall be required

    35  as a condition precedent to the commencement of  an  action  or  special
    36  proceeding  against  the authority or any officer, appointee or employee
    37  thereof, and the provisions of section fifty-e of the general  municipal
    38  law  shall  govern  the  giving of such notice.  Except in an action for
    39  wrongful death, an action against the authority for damages for injuries
    40  to real or personal property, or for the  destruction  thereof,  or  for
    41  personal  injuries,  alleged  to  have  been  sustained,  shall  not  be
    42  commenced more than one year and ninety days after the cause  of  action
    43  therefor shall have accrued.
    44    §  22.  Subdivision 1 of section 1115-u of the public authorities law,
    45  as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
    46  follows:

    47    1.  Except  in  an  action for wrongful death, no action or proceeding
    48  shall be prosecuted or maintained against the  authority  or  the  water
    49  board for personal injury or damage to real or personal property alleged
    50  to  have  been  sustained by reason of the negligence or wrongful act of
    51  the authority or the water board or of any  member,  officer,  agent  or
    52  employee  thereof, unless (a) a notice of claim shall have been made and
    53  served upon the authority or the water board, as the case may be, within
    54  the time limit by and in compliance with section fifty-e of the  general
    55  municipal  law,  (b)  it  shall  appear  by  and as an allegation in the
    56  complaint or moving papers that at least thirty days have elapsed  since

        S. 7641--B                          9
 
     1  the  service  of  such notice and that adjustment or payment thereof has

     2  been neglected or refused, and (c) the action  or  proceeding  shall  be
     3  commenced  within  one  year  and ninety days after the happening of the
     4  event  upon which the claim is based. An action against the authority or
     5  water board for wrongful death shall be commenced in accordance with the
     6  notice of claim and time limitation provisions of title eleven of  arti-
     7  cle nine of this chapter.
     8    §  23. Subdivision 1 of section 1169 of the public authorities law, as
     9  amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
    10  follows:
    11    1.  In  any case founded upon tort a notice of claim shall be required
    12  as a condition precedent to the commencement of  an  action  or  special
    13  proceeding  against  the authority or any officer, appointee or employee
    14  thereof, and the provisions of section fifty-e of the general  municipal

    15  law  shall  govern  the  giving of such notice.  Except in an action for
    16  wrongful death, an action against the authority for damages for injuries
    17  to real or personal property, or for the  destruction  thereof,  or  for
    18  personal  injuries,  alleged  to  have  been  sustained,  shall  not  be
    19  commenced more than one year and ninety days after the cause  of  action
    20  therefor shall have accrued.
    21    §  24.  Subdivision 1 of section 1174-o of the public authorities law,
    22  as added by chapter 491 of the laws of  1991,  is  amended  to  read  as
    23  follows:
    24    1.  No  action or proceeding shall be prosecuted or maintained against
    25  the authority for personal injury or damage to real or personal property
    26  alleged to have been sustained by reason of the negligence  or  wrongful

    27  act  of the authority or any member, officer, agent or employee thereof,
    28  unless:
    29    (a) a notice of claim shall have been made and served upon the author-
    30  ity within the time limit by and in compliance with section  fifty-e  of
    31  the general municipal law,
    32    (b) it shall appear by and as an allegation in the complaint or moving
    33  papers  that at least thirty days have elapsed since the service of such
    34  notice and that adjustment or payment  thereof  has  been  neglected  or
    35  refused, and
    36    (c)  the  action  or proceeding shall be commenced within one year and
    37  ninety days after the [happening of the event upon which  the  claim  is
    38  based] cause of action therefor shall have accrued.
    39    §  25.  Subdivision 1 of section 1197-n 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  for  personal
    44  injury  or  damage  to  real  or  personal property alleged to have been
    45  sustained by reason of the negligence or wrongful act of  the  authority
    46  or any member, officer, agent or employee thereof, unless:
    47    (a) a notice of claim shall have been made and served upon the author-
    48  ity  within  the time limit by and in compliance with section fifty-e of
    49  the general municipal law,
    50    (b) it shall appear by and as an allegation in the complaint or moving
    51  papers that at least thirty days have elapsed since the service of  such
    52  notice  and  that  adjustment  or  payment thereof has been neglected or
    53  refused,

    54    (c) the action or proceeding shall be commenced within  one  year  and
    55  ninety  days  after  the  happening of the event upon which the claim is
    56  based, and

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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:

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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.

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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.

        S. 7641--B                         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.

        S. 7641--B                         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

        S. 7641--B                         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

        S. 7641--B                         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-

        S. 7641--B                         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.
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