Bill Text: NY A11212 | 2017-2018 | General Assembly | Introduced
Bill Title: Confers jurisdiction upon the court of claims to hear and determine certain claims brought against the Hudson River park trust.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-14 - referred to judiciary [A11212 Detail]
Download: New_York-2017-A11212-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11212 IN ASSEMBLY June 14, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried) -- read once and referred to the Committee on Judiciary AN ACT to amend the Hudson river park act, in relation to conferring jurisdiction upon the court of claims to hear and determine certain claims brought against the Hudson River park trust The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 11 of chapter 592 of the laws of 1998, constituting 2 the Hudson river park act, is amended to read as follows: 3 § 11. [Notice of tort] Claims. (a) In an action against the trust 4 founded upon tort, [(a)] a notice of claim shall be required as a condi- 5 tion precedent to the commencement of an action or special proceeding 6 against the trust or any officer, appointee or employee thereof, and the 7 provisions of section 50-e of the general municipal law shall govern the 8 giving of such notice [and (b) the]. 9 (b) The complaint shall contain an allegation that at least 30 days 10 have elapsed since the demand, claim or claims upon which the action is 11 founded were presented to a member of the trust's board of directors and 12 to the trust's secretary and that the trust has neglected or refused to 13 make an adjustment or payment thereof for 30 days after such present- 14 ment. No such action shall be commenced more than one year after the 15 cause of action therefor shall have accrued, except action against the 16 trust for wrongful death which is commenced in accordance with the 17 notice of claim and time limitation provisions of title 11 of article 9 18 of the public authorities law. 19 (c) The venue of any action or proceeding against the trust or its 20 members, officers, employees or agents, or in which any question arises 21 as to the validity of any section of this act, shall be laid in the 22 county in which the principal office of the trust is located. 23 (d) Notwithstanding subdivision (c) of this section, exclusive juris- 24 diction is hereby conferred upon the court of claims to hear and deter- 25 mine any claim of any person brought hereafter against the trust to 26 recover damages for injuries to property or for personal injury arising 27 out of the trust's (i) exercise of duties on real property owned by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16295-01-8A. 11212 2 1 state pursuant to this act or (ii) possessory interest in any real prop- 2 erty owned by the state, in the same manner and to the extent provided 3 and subject to the provisions of the court of claims act with respect to 4 claims against the state, and to make awards and render judgments there- 5 for. The payment of awards and judgments for any such claims brought in 6 the court of claims shall be made from appropriations for judgments 7 against the state pursuant to section 20 of the court of claims act. 8 § 2. This act shall take effect immediately.
