Bill Text: NY S01093 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the filing of a notice of claim in New York city even after the ninety day period if the person notifies the responsible agency regarding the problem in writing within ninety days after such claim arises, the time otherwise limited for filing the notice of claim is extended until such time that the responsible agency provides a determination in writing detailing what actions that the agency will take to resolve the claim; provided, further, that the time within which the notice of claim must be filed shall not be extended by this provision beyond one year after the cause of action accrues.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CITIES [S01093 Detail]

Download: New_York-2015-S01093-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1093
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the general municipal  law,  in  relation  to  filing  a
         notice of claim in New York city
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 50-e of the general municipal  law
    2  is amended by adding a new paragraph (a-1) to read as follows:
    3    (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
    4  SION, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WHERE A PERSON
    5  NOTIFIES THE RESPONSIBLE AGENCY IN WRITING WITHIN NINETY DAYS AFTER SUCH
    6  CLAIM  ARISES, THE TIME OTHERWISE LIMITED FOR FILING THE NOTICE OF CLAIM
    7  IS EXTENDED UNTIL SUCH TIME  THAT  THE  RESPONSIBLE  AGENCY  PROVIDES  A
    8  DETERMINATION  IN  WRITING  DETAILING WHAT ACTIONS THAT THE AGENCY SHALL
    9  TAKE TO RESOLVE THE CLAIM. HOWEVER, THE TIME WITHIN WHICH THE NOTICE  OF
   10  CLAIM  MUST  BE FILED SHALL NOT BE EXTENDED BY THIS PROVISION BEYOND ONE
   11  YEAR AFTER THE CAUSE OF ACTION ACCRUES.
   12    S 2. Subdivision 1 of section 50-i of the general  municipal  law,  as
   13  amended  by  chapter  24  of  the  laws  of  2013, is amended to read as
   14  follows:
   15    1. No action or special proceeding shall be prosecuted  or  maintained
   16  against  a city, county, town, village, fire district or school district
   17  for personal injury, wrongful death or damage to real or personal  prop-
   18  erty  alleged  to  have  been  sustained  by reason of the negligence or
   19  wrongful act of such city,  county,  town,  village,  fire  district  or
   20  school  district or of any officer, agent or employee thereof, including
   21  volunteer firemen of any such city, county, town, village, fire district
   22  or school district or any volunteer fireman  whose  services  have  been
   23  accepted  pursuant  to  the  provisions of section two hundred nine-i of
   24  this chapter, unless, (a) a notice of claim shall  have  been  made  and
   25  served  upon  the  city,  county, town, village, fire district or school
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02149-01-5
       S. 1093                             2
    1  district in compliance with section fifty-e  of  this  article,  (b)  it
    2  shall  appear  by and as an allegation in the complaint or moving papers
    3  that at least thirty days have elapsed since the service of such notice,
    4  or  if service of the notice of claim is made by service upon the secre-
    5  tary of state pursuant to section fifty-three of this article,  that  at
    6  least forty days have elapsed since the service of such notice, and that
    7  adjustment  or  payment thereof has been neglected or refused, [and] (c)
    8  the action or special proceeding shall be commenced within one year  and
    9  ninety  days  after  the  happening of the event upon which the claim is
   10  based; except that wrongful death actions shall be commenced within  two
   11  years  after  the  happening of the death, AND (C-1) NOTWITHSTANDING THE
   12  PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, IN A CITY WITH A  POPU-
   13  LATION  OF  ONE MILLION OR MORE, WHERE A PERSON NOTIFIES THE RESPONSIBLE
   14  AGENCY PURSUANT TO PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION FIFTY-E
   15  OF THIS ARTICLE, THE TIME OTHERWISE LIMITED FOR  COMMENCING  THE  ACTION
   16  SHALL BE TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES.
   17    S 3. This act shall take effect immediately.