Bill S6151-2013

Relates to the filing of a notice of claim in New York city

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES

Memo

BILL NUMBER:S6151

TITLE OF BILL: An act to amend the general municipal law, in relation to filing a notice of claim in New York city

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to allow the tolling of the time otherwise limited for filing the Notice of Claim in a city with a population of one million or more if a person notifies the responsible agency in writing within ninety days after such claim arises.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 1 of section 50-e of the general municipal law by adding a new paragraph (a-1) to allow extending the time otherwise limited for filing the notice of claim against a public corporation in a city with a population of one million of more if a person notifies the responsible agency in writing within ninety days after such claim arises. The time is extended until the responsible agency provides a determination in writing detailing what actions that the agency shall take to resolve the claim. However, the time within which the notice of claim must be filed shall not be extended beyond one year after the cause of action accrues.

Section 2: Amends subdivision 1 of section 50-i of the general municipal law by extending the time limit for commencing an action or special proceeding against a public corporation to two years after the cause of action accrues in a city with a population of one million or more. This extension is allowed where a person notifies the responsible agency pursuant to paragraph (a-1) of subdivision one of section 50-e of the general municipal law.

Section 3: This act shall take effect immediately.

JUSTIFICATION:

The current law requires that as a condition precedent to commencing an action or special proceeding against a public corporation (i.e. the City of New York or one of its agencies or departments), a notice of claim must be served on the public corporation within 90 days after the claim accrues.

The problem arises when the affected person notifies a responsible city agency, but fails to file a notice of claim, with the expectation that the agency will investigate and address the issue. Several months can elapse before the City agency notifies the individual of their findings. In a case where the City agency makes an adverse determination 90 days after the claim arises, the affected individual would be time-barred from filing a notice of claim.

This legislation would allow the affected person to file a notice of claim after the 90-day period where such person notifies the responsible agency regarding the claim in writing within 90 days after the claim arises. In addition, it would extend the time limit for commencing an action or special proceeding against a public corporation in order to be consistent with the newly established time limit for filing the notice of claim.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None known.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6151 IN SENATE (PREFILED) January 8, 2014 ___________
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: Section 1. Subdivision 1 of section 50-e of the general municipal law is amended by adding a new paragraph (a-1) to read as follows: (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WHERE A PERSON NOTIFIES THE RESPONSIBLE AGENCY 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 SHALL TAKE TO RESOLVE THE CLAIM. HOWEVER, 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. S 2. Subdivision 1 of section 50-i of the general municipal law, as amended by chapter 24 of the laws of 2013, is amended to read as follows: 1. No action or special proceeding shall be prosecuted or maintained against a city, county, town, village, fire district or school district for personal injury, wrongful death or damage to real or personal prop- erty alleged to have been sustained by reason of the negligence or wrongful act of such city, county, town, village, fire district or school district or of any officer, agent or employee thereof, including volunteer firemen of any such city, county, town, village, fire district or school district or any volunteer fireman whose services have been accepted pursuant to the provisions of section two hundred nine-i of this chapter, unless, (a) a notice of claim shall have been made and served upon the city, county, town, village, fire district or school district in compliance with section fifty-e of this article, (b) it shall appear by and as an allegation in the complaint or moving papers
that at least thirty days have elapsed since the service of such notice, or if service of the notice of claim is made by service upon the secre- tary of state pursuant to section fifty-three of this article, that at least forty days have elapsed since the service of such notice, and that adjustment or payment thereof has been neglected or refused, [and] (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based; except that wrongful death actions shall be commenced within two years after the happening of the death, AND (C-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, IN A CITY WITH A POPU- LATION OF ONE MILLION OR MORE, WHERE A PERSON NOTIFIES THE RESPONSIBLE AGENCY PURSUANT TO PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION FIFTY-E OF THIS ARTICLE, THE TIME OTHERWISE LIMITED FOR COMMENCING THE ACTION SHALL BE TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. S 3. This act shall take effect immediately.

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