Bill Text: NY A04762 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public authorities law, in relation to tort claims against certain water authorities
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A04762 Detail]
Download: New_York-2009-A04762-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4762
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. MORELLE -- Multi-Sponsored by -- M. of A. ALESSI,
SWEENEY -- read once and referred to the Committee on Corporations,
Authorities and Commissions
AN ACT to amend the public authorities law, in relation to tort claims
against certain water authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1067 of the public authorities law, as amended by
2 chapter 804 of the laws of 1990, is amended to read as follows:
3 S 1067. Actions AGAINST THE AUTHORITY. 1. [In any case founded upon
4 tort a notice of claim shall be required as a condition precedent to the
5 commencement of an action or special proceeding against the authority or
6 any officer, appointee, agent or employee thereof, and the provisions of
7 section fifty-e of the general municipal law shall govern the giving of
8 such notice.
9 2. An action against the authority for wrongful death shall be
10 commenced in accordance with the notice of claim and time limitation
11 provisions of title eleven of article nine of this chapter] EXCEPT IN AN
12 ACTION FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE
13 PROSECUTED OR MAINTAINED AGAINST THE AUTHORITY FOR PERSONAL INJURY OR
14 DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED BY
15 REASON OF THE NEGLIGENCE OR WRONGFUL ACT OF THE AUTHORITY OR ANY MEMBER,
16 OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
17 (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
18 ITY WITHIN THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION FIFTY-E OF
19 THE GENERAL MUNICIPAL LAW;
20 (B) IT SHALL APPEAR BY AND AS AN ALLEGATION IN THE COMPLAINT OR MOVING
21 PAPERS THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE THE SERVICE OF SUCH
22 NOTICE AND THAT ADJUSTMENT OR PAYMENT THEREOF HAS BEEN NEGLECTED OR
23 REFUSED; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06518-01-9
A. 4762 2
1 (C) THE ACTION OR SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE
2 YEAR AND NINETY DAYS AFTER THE HAPPENING OF THE EVENT UPON WHICH THE
3 CLAIM IS BASED. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL
4 BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION
5 PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
6 2. WHEREVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
7 HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
8 OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
9 MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
10 AL MUNICIPAL LAW.
11 3. THE AUTHORITY MAY REQUIRE ANY PERSON PRESENTING FOR SETTLEMENT AN
12 ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY TO BE
13 SWORN BEFORE A MEMBER, COUNSEL, OR AN ATTORNEY, OFFICER OR EMPLOYEE
14 THEREOF DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR CLAIM
15 AND WHEN SO SWORN, TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO SUCH
16 ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE THE POWER TO SETTLE OR ADJUST
17 ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
18 4. AN ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF THE
19 STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDITY OF
20 THIS TITLE, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF ACTION OR
21 CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL COURTS OF THE
22 STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO ALL OTHER CIVIL
23 BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRESPECTIVE OF POSI-
24 TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
25 TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
26 TIONING THE VALIDITY OF THIS TITLE IN WHICH THE AUTHORITY MAY BE ALLOWED
27 TO INTERVENE. THE VENUE OF ANY SUCH ACTION OR PROCEEDING SHALL BE LAID
28 IN THE SUPREME COURT OF THE COUNTY.
29 5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
30 FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT AGAINST THE AUTHORITY ON
31 BONDS, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE THOUSAND FOUR OF THE
32 CIVIL PRACTICE LAW AND RULES. INTEREST ON PAYMENTS OF PRINCIPAL OR
33 INTEREST ON ANY BONDS IN DEFAULT SHALL ACCRUE AT THE RATE OR RATES SET
34 FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF UNTIL PAID OR OTHERWISE
35 SATISFIED.
36 S 2. Section 1089 of the public authorities law, as amended by chapter
37 804 of the laws of 1990, is amended to read as follows:
38 S 1089. Actions AGAINST THE AUTHORITY. 1. [In any case founded upon
39 tort a notice of claim shall be required as a condition precedent to the
40 commencement of an action or special proceeding against the authority or
41 any officer, appointee or employee thereof, and the provisions of
42 section fifty-e of the general municipal law shall govern the giving of
43 such notice.
44 2. An action against the authority for wrongful death shall be
45 commenced in accordance with the notice of claim and time limitation
46 provisions of title eleven of article nine of this chapter] EXCEPT IN AN
47 ACTION FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE
48 PROSECUTED OR MAINTAINED AGAINST THE AUTHORITY FOR PERSONAL INJURY OR
49 DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED BY
50 REASON OF THE NEGLIGENCE OR WRONGFUL ACT OF THE AUTHORITY OR ANY MEMBER,
51 OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS;
52 (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
53 ITY WITHIN THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION FIFTY-E OF
54 THE GENERAL MUNICIPAL LAW;
55 (B) IT SHALL APPEAR BY AND AS AN ALLEGATION IN THE COMPLAINT OR MOVING
56 PAPERS THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE THE SERVICE OF SUCH
A. 4762 3
1 NOTICE AND THAT ADJUSTMENT OF PAYMENT THEREOF HAS BEEN NEGLECTED OR
2 REFUSED; AND
3 (C) THE ACTION OR SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE
4 YEAR AND NINETY DAYS AFTER THE HAPPENING OF THE EVENT UPON WHICH THE
5 CLAIM IS BASED. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL
6 BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION
7 PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
8 2. WHEREVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
9 HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
10 OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
11 MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
12 AL MUNICIPAL LAW.
13 3. THE AUTHORITY MAY REQUIRE ANY PERSON PRESENTING FOR SETTLEMENT AN
14 ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY TO BE
15 SWORN BEFORE A MEMBER, COUNSEL, OR AN ATTORNEY, OFFICER OR EMPLOYEE
16 THEREOF DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR CLAIM
17 AND WHEN SO SWORN, TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO SUCH
18 ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE THE POWER TO SETTLE OR ADJUST
19 ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
20 4. AN ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF THE
21 STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDITY OF
22 THIS TITLE, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF ACTION OR
23 CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL COURTS OF THE
24 STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO ALL OTHER CIVIL
25 BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRESPECTIVE OF POSI-
26 TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
27 TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
28 TIONING THE VALIDITY OF THIS TITLE IN WHICH THE AUTHORITY MAY BE ALLOWED
29 TO INTERVENE. THE VENUE OF ANY SUCH ACTION OR PROCEEDING SHALL BE LAID
30 IN THE SUPREME COURT OF THE COUNTY.
31 5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
32 FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT AGAINST THE AUTHORITY ON
33 BONDS, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE THOUSAND FOUR OF THE
34 CIVIL PRACTICE LAW AND RULES. INTEREST ON PAYMENTS OF PRINCIPAL OR
35 INTEREST ON ANY BONDS IN DEFAULT SHALL ACCRUE AT THE RATE OR RATES SET
36 FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF UNTIL PAID OR OTHERWISE
37 SATISFIED.
38 S 3. Section 1109 of the public authorities law, as amended by chapter
39 804 of the laws of 1990, is amended to read as follows:
40 S 1109. Actions AGAINST THE AUTHORITY. 1. [In any case founded upon
41 tort a notice of claim shall be required as a condition precedent to the
42 commencement of an action or special proceeding against the authority or
43 any officer, appointee or employee thereof, and the provisions of
44 section fifty-e of the general municipal law shall govern the giving of
45 such notice.
46 2. An action against the authority for wrongful death shall be
47 commenced in accordance with the notice of claim and time limitation
48 provisions of title eleven of article nine of this chapter] EXCEPT IN AN
49 ACTION FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE
50 PROSECUTED OR MAINTAINED AGAINST THE AUTHORITY FOR PERSONAL INJURY OR
51 DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED BY
52 REASON OF THE NEGLIGENCE OR WRONGFUL ACT OF THE AUTHORITY OR ANY MEMBER,
53 OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
54 (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
55 ITY WITHIN THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION FIFTY-E OF
56 THE GENERAL MUNICIPAL LAW;
A. 4762 4
1 (B) IT SHALL APPEAR BY AND AS AN ALLEGATION IN THE COMPLAINT OR MOVING
2 PAPERS THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE THE SERVICE OF SUCH
3 NOTICE AND THAT ADJUSTMENT OR PAYMENT THEREOF HAS BEEN NEGLECTED OR
4 REFUSED; AND
5 (C) THE ACTION OR SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE
6 YEAR AND NINETY DAYS AFTER THE HAPPENING OF THE EVENT UPON WHICH THE
7 CLAIM IS BASED. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL
8 BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION
9 PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
10 2. WHEREVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
11 HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
12 OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
13 MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
14 AL MUNICIPAL LAW.
15 3. THE AUTHORITY MAY REQUIRE ANY PERSON PRESENTING FOR SETTLEMENT AN
16 ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY TO BE
17 SWORN BEFORE A MEMBER, COUNSEL, OR AN ATTORNEY, OFFICER OR EMPLOYEE
18 THEREOF DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR CLAIM
19 AND WHEN SO SWORN, TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO SUCH
20 ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE THE POWER TO SETTLE OR ADJUST
21 ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
22 4. AN ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF THE
23 STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDITY OF
24 THIS TITLE, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF CAUTION OR
25 CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL COURTS OF THE
26 STATE AND SHALL BE HEARD AND DETERMINE IN PREFERENCE TO ALL OTHER CIVIL
27 BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRESPECTIVE OF POSI-
28 TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
29 TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
30 TIONING THE VALIDITY OF THIS TITLE IN WHICH THE AUTHORITY MAY BE ALLOWED
31 TO INTERVENE. THE VENUE OF ANY SUCH ACTION OR PROCEEDING SHALL BE LAID
32 IN THE SUPREME COURT OF THE COUNTY.
33 5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
34 FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT AGAINST THE AUTHORITY ON
35 BONDS, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE THOUSAND FOUR OF THE
36 CIVIL PRACTICE LAW AND RULES. INTEREST ON PAYMENTS OF PRINCIPAL OR
37 INTEREST ON ANY BONDS IN DEFAULT SHALL ACCRUE AT THE RATE OR RATES SET
38 FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF UNTIL PAID OR OTHERWISE
39 SATISFIED.
40 S 4. Section 1169 of the public authorities law, as amended by chapter
41 804 of the laws of 1990, is amended to read as follows:
42 S 1169. Actions AGAINST THE AUTHORITY. 1. [In any case founded upon
43 tort a notice of claim shall be required as a condition precedent to the
44 commencement of an action or special proceeding against the authority or
45 any officer, appointee or employee thereof, and the provisions of
46 section fifty-e of the general municipal law shall govern the giving of
47 such notice.
48 2. An action against the authority for wrongful death shall be
49 commenced in accordance with the notice of claim and time limitation
50 provisions of title eleven of article nine of this chapter] EXCEPT IN AN
51 ACTION FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE
52 PROSECUTED OR MAINTAINED AGAINST THE AUTHORITY FOR PERSONAL INJURY OR
53 DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED BY
54 REASON OF THE NEGLIGENCE OR WRONGFUL ACT OF THE AUTHORITY OR ANY MEMBER,
55 OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
A. 4762 5
1 (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
2 ITY WITHIN THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION FIFTY-E OF
3 THE GENERAL MUNICIPAL LAW;
4 (B) IT SHALL APPEAR BY AND AS AN ALLEGATION IN THE COMPLAINT OR MOVING
5 PAPERS THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE THE SERVICE OF SUCH
6 NOTICE AND THAT ADJUSTMENT OR PAYMENT THEREOF HAS BEEN NEGLECTED OR
7 REFUSED; AND
8 (C) THE ACTION OR SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE
9 YEAR AND NINETY DAYS AFTER THE HAPPENING OF THE EVENT UPON WHICH THE
10 CLAIM IS BASED. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL
11 BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION
12 PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
13 2. WHEREVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
14 HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
15 OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
16 MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
17 AL MUNICIPAL LAW.
18 3. THE AUTHORITY MAY REQUIRE ANY PERSON PRESENTING FOR SETTLEMENT AN
19 ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY TO BE
20 SWORN BEFORE A MEMBER, COUNSEL, OR AN ATTORNEY, OFFICER OR EMPLOYEE
21 THEREOF DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR CLAIM
22 AND WHEN SO SWORN, TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO SUCH
23 ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE THE POWER TO SETTLE OR ADJUST
24 ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
25 4. AN ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF THE
26 STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDITY OF
27 THIS TITLE, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF ACTION OR
28 CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL COURTS OF THE
29 STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO ALL OTHER CIVIL
30 BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRESPECTIVE OF POSI-
31 TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
32 TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
33 TIONING THE VALIDITY OF THIS TITLE IN WHICH THE AUTHORITY MAY BE ALLOWED
34 TO INTERVENE. THE VENUE OF ANY SUCH ACTION OR PROCEEDING SHALL BE LAID
35 IN THE SUPREME COURT OF THE COUNTY.
36 5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
37 FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT AGAINST THE AUTHORITY ON
38 BONDS, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE THOUSAND FOUR OF THE
39 CIVIL PRACTICE LAW AND RULES. INTEREST ON PAYMENTS OF PRINCIPAL OR
40 INTEREST ON ANY BONDS IN DEFAULT SHALL ACCRUE AT THE RATE OR RATES SET
41 FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF UNTIL PAID OR OTHERWISE
42 SATISFIED.
43 S 5. This act shall take effect immediately.
