senate Bill S7641

Signed by Governor Amended

Enacts the "uniform notice of claim act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 11 / Jun / 2012
    • REFERRED TO RULES
  • 14 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO RULES
  • 14 / Jun / 2012
    • PRINT NUMBER 7641A
  • 18 / Jun / 2012
    • AMEND AND RECOMMIT TO RULES
  • 18 / Jun / 2012
    • PRINT NUMBER 7641B
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1518
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO JUDICIARY
  • 21 / Jun / 2012
    • SUBSTITUTED FOR A10657A
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.593
  • 21 / Jun / 2012
    • PASSED ASSEMBLY
  • 21 / Jun / 2012
    • RETURNED TO SENATE
  • 05 / Dec / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2012
    • SIGNED CHAP.500
  • 17 / Dec / 2012
    • APPROVAL MEMO.24

Summary

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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Bill Details

Versions:
S7641
S7641A
S7641B
Legislative Cycle:
2011-2012
Law Section:
General Municipal Law
Laws Affected:
Add §217-a, amd §8301, CPLR; amd §§50-e, 880 & 970-n, add §53, Gen Muni L; amd §21-1701, En Con L; amd Pub Auth L, generally; amd §§376-a, 467 & 491, Ed L; amd §41.29, Ment Hyg L; amd §667, Priv Hous Fin L; amd §12, §1 of Chap 359 of 1968; amd §19-152.2, NYC Ad Cd; add Art XI-A, Chap 154 of 1921

Sponsor Memo

BILL NUMBER:S7641

TITLE OF BILL:
An act
to amend 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,
chapter 154 of the laws of 1921 relating to the port authority of
New York and New Jersey, and the civil practice law and rules, 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

PURPOSE OF BILL:
The purpose of this bill is to provide plaintiffs
with a uniform, fair and statutorily consistent procedure for serving
a notice of claim of intention to commence a proceeding in the courts
of this state for damages suffered as an aggrieved party, and
similarly provide for a statutorily consistent statute of limitations
applicable to such actions.

SUMMARY OF PROVISIONS OF BILL:
Section 1 of this legislation provides that this act shall be known as
the "Uniform Notice of Claim Act."

Section 2 amends the civil
practice law and rules to state that all notices of claim served on
any entity entitled to such a notice as a condition precedent to the
commencement of an action, whether the relevant statute is expressly
amended by the bill or not, are subject to the requirements of
general municipal law 50-e. This section also provides that the
statute of limitations applicable to actions, except wrongful death
actions, against such entities shall be longer of one year and ninety
days or the time period specified in any other provision of law.

Section 3 amends the civil practice law and rules to state that any
fee imposed by this act shall be a taxable disbursement.

Section 4 amends the general municipal law to allow notices of claim
against any public corporation to be served on the Secretary of State
at a location designated by the Secretary for that purpose, and
requires the Secretary of State to forward a copy to the entity named
in the notice of claim. Service of the notice of claim shall be
complete when served on the Secretary of State.

Section 5 amends the general municipal law to allow an error in naming
a public corporation in a notice of claim, if made in good faith, to

be the basis for a discretionary extension of the time to serve a
correct notice of claim, unless the proper public corporation
suffered substantial prejudice.

Section 6 amends the general municipal law to require entities
entitled to receive a notice of claim to file a certificate with the
Secretary of State that identifies the name and address to which the
Secretary of State must transmit notices of claims. Failure of an
entity to file such a certificate will not invalidate any notice of
claim served on the Secretary of State. This section
also provides for a $250 filing fee for service of a notice of claim
on the Secretary of State, with the half of that fee to be retained
by the Secretary of State and the other half provided to the entity
or entities named in the notice of claim.

Sections 7 through 79 amend the specific statutory provisions
governing entities entitled to a notice of claim as a condition
precedent to the commencement of an action. These amendments are
intended to provide unified procedures for filing a notice of claim,
and specifically provide that the time limits contained in general
municipal law 50-e are generally applicable, and amend relevant
statute of limitations to provide a minimum time limit of one year
and ninety days to bring an action against a public corporation.

JUSTIFICATION:
The current statutes governing the filing of notices of
claim and commencing an action or proceeding against a public
corporation have become confusing and unfairly difficult for all
concerned, including the judiciary and the governmental entities
involved. Over the years, this legislature has granted state-created
governmental and quasi-governmental bodies the right to require that
notification of claims to be made against them were to be made by
requiring them to receive a notice of claim or other comparable
document as a condition precedent to commencement of an action or
proceeding. These various requirements in law have resulted in a
multiplicity of sometimes disparate and confusing procedural rules
and time limits.

Further, the number of entities entitled by law to such notification
has grown over the years to a large though uncertain number, and each
entity often has its own statutory entitlement to service within a
timeframe, at a certain place and in a manner not at all congruent
with one another.

This existing patchwork of statutes governing claims against
government are neither consistent with one another, nor are they all
catalogued or contained in the same, similar or readily locatable
sections of the chaptered laws. The result is that even the most
diligent, conscientious and able potential claimant can be misled in
good faith by the lack of a uniform procedure for filing notices of
claim and bringing actions against governmental and
quasi-governmental entities.

In addition, costly, time-consuming and resource-wasting litigation
often ensues over arcane issues of notice of claim service and other
procedural quirks, unnecessarily burdening the courts as well as the
agencies involved, while at the same time undermining public
confidence in the reasonableness and rationality of New York's laws.
This bill will provide a uniform, fair and easily engaged method of
notice of claim service via the secretary of state in addition to
those methods of service already existing, and thus provide a degree
of uniformity to procedural rules governing actions against
governmental and quasi-governmental entities.

This bill is not intended to limit, alter, eliminate or otherwise
nullify existing provisions of law relating to the service of a
notice of claim, but only as a means of providing an alternative
method for satisfying the condition precedent to the commencement of
an action or proceeding against a public corporation.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
It is anticipated
that this bill will provide for a net revenue gain to localities and
to the State.

EFFECTIVE DATE:
This act shall take effect one hundred and eighty days
from -the date upon which it shall have become a law and shall apply
to all actions and proceedings accruing on and after such date;
provided, however, that section 79 of this act shall take effect upon
the enactment into law by the state of New Jersey of legislation
having an identical effect with section 79 of this act, but if the
state of New Jersey shall have enacted such legislation into law
prior to the first day of January next succeeding the date upon which
this act shall have become a law, section 79 of this act shall take
effect one hundred and eighty days from the date upon which it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7641

                            I N  S E N A T E

                              June 11, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general municipal law, the  environmental  conserva-
  tion  law,  the  public authorities law, the education law, the mental
  hygiene law, the private housing finance law, the facilities  develop-
  ment corporation act, the administrative code of the city of New York,
  chapter  154 of the laws of 1921 relating to the port authority of New
  York and New Jersey, and the civil practice law and rules, 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:

  Section 1. This act shall be known and may be cited  as  the  "uniform
notice of claim act".
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 217-a to read as follows:
  S 217-A. ACTIONS TO BE COMMENCED WITHIN  ONE  YEAR  AND  NINETY  DAYS.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, AND IRRE-
SPECTIVE OF  WHETHER  THE  RELEVANT  STATUTE  IS  EXPRESSLY  AMENDED  BY
SECTIONS ONE THROUGH SEVENTY-SIX OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND  TWELVE WHICH ADDED THIS SECTION, EVERY ACTION FOR DAMAGES OR INJU-
RIES TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR
FOR  PERSONAL INJURIES OR WRONGFUL DEATH, AGAINST ANY POLITICAL SUBDIVI-
SION OF THE STATE, OR ANY INSTRUMENTALITY OR AGENCY OF THE  STATE  OR  A
POLITICAL SUBDIVISION, ANY PUBLIC AUTHORITY OR ANY PUBLIC BENEFIT CORPO-
RATION  THAT  IS  ENTITLED  TO  RECEIVE A NOTICE OF CLAIM AS A CONDITION
PRECEDENT TO COMMENCEMENT OF AN ACTION, SHALL NOT BE COMMENCED UNLESS  A
NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON SUCH GOVERNMENTAL ENTITY WITH-
IN  THE  TIME  LIMIT  ESTABLISHED  BY,  AND  IN  COMPLIANCE WITH ALL THE
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. EXCEPT  IN
AN  ACTION  FOR  WRONGFUL  DEATH  AGAINST  SUCH AN ENTITY, AN ACTION FOR
DAMAGES OR FOR INJURIES  TO  REAL  OR  PERSONAL  PROPERTY,  OR  FOR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16120-02-2

S. 7641                             2

DESTRUCTION  THEREOF,  OR  FOR  PERSONAL  INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED OR WITHIN THE TIME
PERIOD  OTHERWISE  PRESCRIBED BY ANY SPECIAL PROVISION OF LAW, WHICHEVER
IS LONGER.  NOTHING HEREIN IS INTENDED TO AMEND THE COURT OF CLAIMS  ACT
OR ANY PROVISION THEREOF.
  S  3.    Paragraph  12 of subdivision (a) of section 8301 of the civil
practice law and rules in renumbered paragraph 13 and a new paragraph 12
is added to read as follows:
  12. ANY FEE IMPOSED BY SECTION FIFTY-THREE OF  THE  GENERAL  MUNICIPAL
LAW; AND
  S  4.  Subdivision  3  of section 50-e of the general municipal law is
amended by adding a new paragraph (f) to read as follows:
  (F) SERVICE OF A NOTICE OF CLAIM ON THE SECRETARY OF STATE AS AGENT OF
ANY PUBLIC CORPORATION WHATSOEVER CREATED OR EXISTING BY VIRTUE  OF  THE
LAWS  OF THE STATE OF NEW YORK UPON WHOM SERVICE OF A NOTICE OF CLAIM IS
REQUIRED AS A  CONDITION  PRECEDENT  TO  BEING  SUED,  MAY  BE  MADE  BY
PERSONALLY  DELIVERING  TO  AND LEAVING WITH THE SECRETARY OF STATE OR A
DEPUTY, OR WITH ANY PERSON AUTHORIZED  BY  THE  SECRETARY  OF  STATE  TO
RECEIVE  SUCH  SERVICE,  AT ANY OFFICE OF THE DEPARTMENT OF STATE IN THE
CITY OF ALBANY OR AT ONE OF HIS OR HER  REGULARLY  ESTABLISHED  OFFICES,
DUPLICATE  COPIES  OF  SUCH NOTICE OF  CLAIM TOGETHER WITH THE STATUTORY
FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE ON  SUCH  PUBLIC
CORPORATION  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
THE SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF SUCH COPIES BY  CERTI-
FIED  MAIL, RETURN RECEIPT REQUESTED, TO SUCH PUBLIC CORPORATION, AT THE
POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,  SPECIFIED  FOR
THE PURPOSE.
  S  5.  Subdivision  5 of section 50-e of the general municipal law, as
amended by chapter 12 of the  laws  of  2010,  is  amended  to  read  as
follows:
  5. Application for leave to serve a late notice.
  Upon application, the court, in its discretion, may extend the time to
serve a notice of claim specified in paragraph (a) of subdivision one of
this section, WHETHER SUCH SERVICE WAS MADE UPON A PUBLIC CORPORATION OR
THE  SECRETARY OF STATE. The extension shall not exceed the time limited
for the commencement of an action by the  claimant  against  the  public
corporation.  In  determining  whether to grant the extension, the court
shall consider, in particular, whether the  public  corporation  or  its
attorney  or  its  insurance  carrier  acquired  actual knowledge of the
essential facts constituting the claim  within  the  time  specified  in
subdivision  one of this section or within a reasonable time thereafter.
The court shall also consider  all  other  relevant  facts  and  circum-
stances,  including:  whether the claimant was an infant, or mentally or
physically incapacitated, or died before the time limited for service of
the notice of claim; whether the  claimant  failed  to  serve  a  timely
notice  of  claim  by reason of his justifiable reliance upon settlement
representations made by  an  authorized  representative  of  the  public
corporation  or its insurance carrier; whether the claimant in serving a
notice of claim made an excusable error concerning the identity  of  the
public  corporation against which the claim should be asserted, PROVIDED
THAT AN ERROR MADE IN GOOD FAITH CONCERNING THE IDENTITY OF  THE  PUBLIC
CORPORATION  AGAINST WHOM THE CLAIM SHOULD HAVE BEEN ASSERTED MAY BE THE
BASIS FOR THE GRANTING OF AN EXTENSION OF  TIME  TO  SERVE  A  CORRECTED
NOTICE  OF  CLAIM  UPON  THE PROPER PUBLIC CORPORATION, UNLESS IT CAN BE
DEMONSTRATED TO THE COURT THAT THE PROPER  PUBLIC  CORPORATION  SUFFERED

S. 7641                             3

SUBSTANTIAL  PREJUDICE  IN THE INVESTIGATION OR DEFENSE OF THE CLAIM DUE
TO THE ERROR; if service of the notice of claim is  attempted  by  elec-
tronic  means  pursuant  to  paragraph  (e) of subdivision three of this
section, whether the delay in serving the notice of claim was based upon
the  failure  of  the computer system of the city or the claimant or the
attorney representing the claimant; that such claimant or  attorney,  as
the  case  may  be, submitted evidence or proof as is reasonable showing
that (i) the submission of the claim was attempted to be  electronically
made  in a timely manner and would have been completed but for the fail-
ure of the computer system utilized by the sender or recipient, and (ii)
that upon becoming aware of both the failure  of  such  system  and  the
failure of the city to receive such submission, the claimant or attorney
had insufficient time to make such claim within the permitted time peri-
od  in a manner as otherwise prescribed by law; and whether the delay in
serving the notice of claim substantially prejudiced the  public  corpo-
ration in maintaining its defense on the merits.
  An application for leave to serve a late notice shall not be denied on
the  ground that it was made after commencement of an action against the
public corporation.
  S 6. The general municipal law is amended by adding a new  section  53
to read as follows:
  S  53.  ALTERNATIVE  SERVICE  OF NOTICE OF CLAIM UPON THE SECRETARY OF
STATE. 1. IN LIEU OF SERVING A NOTICE OF CLAIM UPON A PUBLIC CORPORATION
AS PROVIDED FOR IN SECTION FIFTY-E OF THIS ARTICLE, A  NOTICE  OF  CLAIM
SETTING  FORTH  THE  SAME INFORMATION AS REQUIRED BY SUCH SECTION MAY BE
SERVED UPON THE SECRETARY OF STATE IN THE SAME MANNER AS IF SERVED  WITH
THE  PUBLIC  CORPORATION.  ALL  THE  REQUIREMENTS  RELATING TO THE FORM,
CONTENT, TIME LIMITATIONS, EXCEPTIONS, EXTENSIONS AND ANY  OTHER  PROCE-
DURAL  REQUIREMENTS  IMPOSED IN SUCH SECTION WITH RESPECT TO A NOTICE OF
CLAIM SERVED UPON A PUBLIC CORPORATION SHALL CORRESPONDINGLY APPLY TO  A
NOTICE  OF CLAIM SERVED UPON THE SECRETARY OF STATE AS PERMITTED BY THIS
SECTION. FOR PURPOSES OF THIS ARTICLE, THE SECRETARY OF STATE  SHALL  BE
DEEMED TO BE THE AGENT FOR ALL PUBLIC CORPORATIONS UPON WHOM A NOTICE OF
CLAIM  MAY  BE  SERVED PRIOR TO COMMENCEMENT OF ANY ACTION OR PROCEEDING
SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
  2. THE SECRETARY OF STATE SHALL DESIGNATE AN OFFICE WITHIN THE DEPART-
MENT OF STATE WHEREAT PERSONS ARE ENTITLED BY  LAW  TO  TIMELY  SERVE  A
NOTICE  OF  CLAIM  UPON THE SECRETARY OF STATE AS THE AGENT FOR A PUBLIC
CORPORATION AS A CONDITION PRECEDENT TO COMMENCEMENT  OF  AN  ACTION  OR
PROCEEDING.  ALL PUBLIC CORPORATIONS ENTITLED TO HAVE SERVED UPON THEM A
NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR
PROCEEDING SHALL, NO LATER THAN THIRTY DAYS AFTER THE  DATE  UPON  WHICH
THIS SECTION SHALL TAKE EFFECT, FILE A CERTIFICATE WITH THE SECRETARY OF
STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A NOTICE OF
CLAIM AND SHALL IN SUCH STATEMENT PROVIDE THE SECRETARY  WITH  THE  NAME
AND  ADDRESS OF AN OFFICER, PERSON, OR DESIGNEE, NOMINEE OR OTHER AGENT-
IN-FACT FOR THE TRANSMITTAL OF NOTICES OF CLAIM SERVED UPON  THE  SECRE-
TARY  AS  THE  PUBLIC  CORPORATION'S  AGENT.  ANY DESIGNATED POST-OFFICE
ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF THE  NOTICE
OF  CLAIM  SERVED  UPON  HIM  OR  HER  AS AGENT SHALL CONTINUE TO BE THE
ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED UNTIL  THE  PUBLIC  CORPO-
RATION  SENDS  A  NOTICE  TO THE SECRETARY INFORMING HIM OR HER OF A NEW
ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED. THE INITIAL  FILING  WITH
THE  SECRETARY OF STATE SHALL ALSO CONTAIN THE APPLICABLE TIME LIMIT FOR
FILING A NOTICE OF CLAIM UPON  THAT  PUBLIC  CORPORATION,  OR  IF  LATER
CHANGED  BY  STATUTE,  A  NEW FILING SHALL BE MADE DETAILING THE ALTERED

S. 7641                             4

TIME LIMIT. ANY PUBLIC CORPORATION WHO DOES NOT HAVE A CURRENT AND TIME-
LY STATUTORY DESIGNATION FILED WITH THE SECRETARY OF STATE SHALL NOT  BE
ENTITLED  TO THE PORTION OF THE FEE TO WHICH IT WOULD OTHERWISE BE ENTI-
TLED  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION.   FAILURE OF THE
PUBLIC CORPORATION TO SO FILE WITH  THE  SECRETARY  OF  STATE  WILL  NOT
INVALIDATE  ANY SERVICE OF A NOTICE OF CLAIM UPON THE PUBLIC CORPORATION
WHICH HAS BEEN RECEIVED BY THE SECRETARY OF STATE.
  3. THE SECRETARY OF STATE IS HEREBY EMPOWERED TO ACCEPT PROPERLY TRAN-
SMITTED NOTICES OF CLAIMS ON BEHALF OF A PUBLIC  CORPORATION,  WITH  THE
SAME  EFFECT AS IF SERVED DIRECTLY UPON A PUBLIC CORPORATION. THE SECRE-
TARY OF STATE SHALL ACCEPT SUCH SERVICE UPON  THE  FOLLOWING  TERMS  AND
CONDITIONS:
  (A)  THE SECRETARY OF STATE SHALL SET AND NOTIFY THE PUBLIC, ON HIS OR
HER WEBSITE, AS TO REASONABLE TIMES, PLACES AND MANNER OF  SERVICE  UPON
HIM OR HER OF NOTICES OF CLAIMS;
  (B)  UPON  RECEIPT  OF A NOTICE OF CLAIM, THE SECRETARY OF STATE SHALL
ISSUE A RECEIPT OR OTHER DOCUMENT ACKNOWLEDGING HIS OR  HER  RECEIPT  OF
SUCH NOTICE, AND SUCH RECEIPT SHALL CONTAIN THE DATE AND TIME OF RECEIPT
OF  THE  NOTICE,  AN IDENTIFYING NUMBER OR NAME PARTICULAR TO THE NOTICE
RECEIVED, AND THE LOGO OR SEAL OF THE DEPARTMENT OF STATE EMBOSSED  UPON
IT.  SUCH  RECEIPT  SHALL  BE  PRIMA  FACIE EVIDENCE OF SERVICE UPON THE
SECRETARY OF STATE FOR ALL PURPOSES;
  (C) WITHIN TEN DAYS AFTER RECEIVING THE NOTICE OF CLAIM, THE SECRETARY
OF STATE SHALL TRANSMIT AN ORIGINAL, A COPY OR AN ELECTRONIC COPY OF THE
NOTICE OF CLAIM TO THE PUBLIC CORPORATION NAMED IN THE NOTICE;
  (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER, WAIVE OR  OTHER-
WISE  ABROGATE  ANY  DEFENSE AVAILABLE TO A PUBLIC CORPORATION AS TO THE
NATURE, SUFFICIENCY, OR APPROPRIATENESS OF THE NOTICE OF  CLAIM  ITSELF,
OR  TO  ANY  CHALLENGES  TO THE TIMELINESS OF THE SERVICE OF A NOTICE OF
CLAIM.  TIMELY SERVICE UPON THE SECRETARY OF STATE SHALL BE DEEMED TIME-
LY SERVICE UPON THE PUBLIC CORPORATION FOR PURPOSES  OF  INSTITUTING  AN
ACTION OR PROCEEDING OR OTHER REQUIREMENT IMPOSED BY LAW.
  4.  THE SECRETARY OF STATE MAY IMPOSE A FEE UPON ANY PERSON WHO SERVES
A NOTICE OF CLAIM WITH THE DEPARTMENT. SUCH FEE  SHALL  NOT  EXCEED  TWO
HUNDRED  FIFTY  DOLLARS  FOR EACH SUCH NOTICE FILED. ONE-HALF OF THE FEE
IMPOSED SHALL BE RETAINED BY THE SECRETARY OF STATE AS PAYMENT  FOR  ITS
SERVICES  PROVIDED  IN  ACCORDANCE  WITH  THIS  SECTION.  THE  REMAINING
ONE-HALF OF SUCH FEE SHALL BE FORWARDED TO THE PUBLIC CORPORATION  NAMED
IN  THE  NOTICE OF CLAIM PROVIDED, HOWEVER, IF MORE THAN ONE SUCH PUBLIC
CORPORATION IS NAMED, EACH NAMED PUBLIC CORPORATION SHALL BE ENTITLED TO
AN EQUAL PERCENTAGE OF THE ONE-HALF AMOUNT.
  5. THE SECRETARY OF STATE SHALL WITHIN SIXTY DAYS AFTER THE  EFFECTIVE
DATE  OF  THIS  SECTION  POST  ON THE DEPARTMENTAL WEBSITE A LIST OF ANY
PUBLIC CORPORATION,  INCLUDING  ANY  PUBLIC  AUTHORITY,  PUBLIC  BENEFIT
CORPORATION OR ANY OTHER ENTITY ENTITLED TO RECEIVE A NOTICE OF CLAIM AS
A  CONDITION  PRECEDENT  TO COMMENCEMENT OF AN ACTION OR PROCEEDING, AND
THAT HAS FILED, PURSUANT TO THIS SECTION, A CERTIFICATE WITH THE  SECRE-
TARY  OF  STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A
NOTICE OF CLAIM. THE LIST SHOULD IDENTIFY THE ENTITY, THE ADDRESS OF THE
PUBLIC CORPORATION TO WHICH THE NOTICE OF CLAIM SHALL  BE  FORWARDED  BY
THE SECRETARY OF STATE, AND ANY STATUTORY PROVISIONS UNIQUELY PERTAINING
TO SUCH PUBLIC CORPORATION AND THE COMMENCEMENT OF AN ACTION OR PROCEED-
ING AGAINST IT.
  S  7.  Subdivision  2  of section 880 of the general municipal law, as
added by chapter 1030 of the  laws  of  1969,  is  amended  to  read  as
follows:

S. 7641                             5

  (2)  In  a case founded upon tort, a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding against the agency or an officer, appointee or employee ther-
eof,  and  the  provisions  of section fifty-e of [the general municipal
law]  THIS  CHAPTER  shall  govern  the giving of such notice. No action
shall be commenced more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued.
  S 8. Paragraph (viii) of subdivision  (b)  of  section  970-n  of  the
general  municipal  law, as added by chapter 916 of the laws of 1984 and
such section as renumbered by chapter  686  of  the  laws  of  1986,  is
amended to read as follows:
  (viii)  No  action  or  proceeding  shall  be prosecuted or maintained
against an authority for personal injury or damage to real  or  personal
property  alleged  to have been sustained by reason of the negligence or
wrongful act of the authority or any member, officer, agent or  employee
thereof, unless (1) notice of claim shall have been made and served upon
the  authority  OR  THE  SECRETARY OF STATE within the time limit ESTAB-
LISHED by and in compliance with section fifty-e of [the general munici-
pal law] THIS CHAPTER, (2) 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 and  that  the  adjustment  or  payment
thereof  has been neglected or refused, and (3) the action or proceeding
shall be commenced within one year AND NINETY DAYS after the  [happening
of  the  event upon which the claim is based] CAUSE OF ACTION SHALL HAVE
ACCRUED.
  S 9. Paragraph (d) of subdivision 2 of article IV of  section  21-1701
of the environmental conservation law is amended to read as follows:
  (d) The foregoing consent is granted upon the condition that any suit,
action  or  proceeding  prosecuted  or  maintained  hereunder  shall  be
commenced within one year AND NINETY DAYS  after  the  cause  of  action
therefor  shall have accrued, and upon the further condition that in the
case of any suit, action or proceeding for the recovery  or  payment  of
money,  prosecuted or maintained hereunder, a notice of claim shall have
been served upon the Commission by or on  behalf  of  the  plaintiff  or
plaintiffs  [at  least sixty days before such suit, action or proceeding
is commenced] WITHIN THE TIME LIMIT ESTABLISHED  BY  AND  IN  COMPLIANCE
WITH  SECTION  FIFTY-E  OF THE GENERAL MUNICIPAL LAW.  The provisions of
this subparagraph shall not apply to claims arising out of provisions of
any workmen's compensation law of any of the signatory States.
  S 10. Subdivision 2 of section 540 of the public authorities  law,  as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2.  [An] EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  and  ninety  days
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place  where  the  damages  were  incurred or sustained, together with a
verified statement showing in detail the property alleged to  have  been
damaged  or  destroyed  and  the value thereof, or the personal injuries
alleged to have been sustained and by whom,] CLAIM shall have been filed
[in the principal office of the authority within ninety days after  such
cause of action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY
AND IN COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.

S. 7641                             6

  S 11. Subdivision 2 of section 569-a of the public authorities law, as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal  injuries  alleged  to  have been sustained and by whom,] CLAIM
shall have been filed [with the secretary of the authority in the  prin-
cipal  office  of  the  authority  within six months after such cause of
action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY  AND  IN
COMPLIANCE  WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action
against the authority for wrongful death shall be commenced  in  accord-
ance  with  the  notice of claim and time limitation provisions of title
eleven of article nine of this chapter.
  S 12. Subdivision 2 of section 666-b of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries, alleged to have been sustained shall not be  commenced  more  than
one  year  and ninety days after the cause of action therefor shall have
accrued, nor unless a notice of [intention to commence such  action  and
of the time when and place where the damages were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  in the principal office of the authority within ninety days
after such cause of action shall have accrued]  CLAIM  SHALL  HAVE  BEEN
SERVED  ON  THE  AUTHORITY  WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN
COMPLIANCE WITH ALL REQUIREMENTS  OF  SECTION  FIFTY-E  OF  THE  GENERAL
MUNICIPAL LAW.
  S  13.  Subdivision 2 of section 735 of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries, alleged to have been sustained shall not be  commenced  more  than
one  year  and ninety days after the cause of action therefor shall have
accrued, nor unless a notice of [intention to commence such  action  and
of the time when and place where the damages were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  in the principal office of the authority within ninety days
after such cause of action shall have accrued]  CLAIM  SHALL  HAVE  BEEN
SERVED  WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.
  S 14. Subdivision 1 of section 889 of the public authorities  law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon a tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special

S. 7641                             7

proceeding  against  the authority and the provisions of section fifty-e
of the general municipal law shall apply.    EXCEPT  IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 15. Subdivision 1 of section 1017 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any action founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the  authority  or any officer, appointee, agent or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the  giving  of such notice. EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  16.  Subdivision 1 of section 1020-u of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1. In any action founded upon tort a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any  officer,  appointee,  agent  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving  of  such  notice.  EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 17. Subdivision 3 of section 1021-m of the public  authorities  law,
as  added  by  chapter  533  of  the laws of 2010, is amended to read as
follows:
  3. An action against the authority founded on tort shall be  commenced
in compliance with all the requirements of section fifty-e of the gener-
al municipal law, except that an action against the authority for wrong-
ful  death shall be commenced in accordance with the provisions of title
eleven of article nine of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL
DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO  REAL
OR  PERSONAL  PROPERTY,  OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL
INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT  BE  COMMENCED  MORE
THAN  ONE  YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL
HAVE ACCRUED.
  S 18. Subdivision 1 of section 1048-v of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  1. Except in an action for wrongful death,  no  action  or  proceeding
shall  be  prosecuted  or  maintained against the authority or the water
board for personal injury or damage to real or personal property alleged
to have been sustained by reason of the negligence or  wrongful  act  of
the  authority or the board or of any member, officer, agent or employee
thereof, unless (i) a notice of claim shall have been  made  and  served
upon  the  authority  or the water board, as the case may be, within the

S. 7641                             8

time limit by and in compliance with  section  fifty-e  of  the  general
municipal  law,  (ii)  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 and that adjustment or payment thereof has
been neglected or refused, and (iii) the action or proceeding  shall  be
commenced  within  one  year  AND NINETY DAYS after the happening of the
event upon which the claim is based. An action against the authority  or
water board for wrongful death shall be commenced in accordance with the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 19. Subdivision 1 of section 1067 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon tort a notice of claim shall  be  required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any  officer,  appointee,  agent  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such  notice.    EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 20. Subdivision 1 of section 1089 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon tort a notice of claim shall  be  required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice.   EXCEPT IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 21. Subdivision 1 of section 1109 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon tort a notice of claim shall  be  required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice.   EXCEPT IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 22. Subdivision 1 of section 1115-u of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  1. Except in an action for wrongful death,  no  action  or  proceeding
shall  be  prosecuted  or  maintained against the authority or the water
board for personal injury or damage to real or personal property alleged
to have been sustained by reason of the negligence or  wrongful  act  of

S. 7641                             9

the  authority  or  the  water board or of any member, officer, agent or
employee thereof, unless (a) a notice of claim shall have been made  and
served upon the authority or the water board, as the case may be, within
the  time limit by and in compliance with section fifty-e of the general
municipal law, (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 and that adjustment or  payment  thereof  has
been  neglected  or  refused,  and (c) the action or proceeding shall be
commenced within one year AND NINETY DAYS after  the  happening  of  the
event  upon which the claim is based. An action against the authority or
water board for wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  23. Subdivision 1 of section 1169 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  24.  Subdivision 1 of section 1174-o of the public authorities law,
as added by chapter 491 of the laws of  1991,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (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 and that adjustment or payment  thereof  has  been  neglected  or
refused, and
  (c)  the  action  or proceeding shall be commenced within one year AND
NINETY DAYS after the [happening of the event upon which  the  claim  is
based] CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  25.  Subdivision 1 of section 1197-n of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against  the  authority  for  personal
injury  or  damage  to  real  or  personal property alleged to have been
sustained by reason of the negligence or wrongful act of  the  authority
or any member, officer, agent or employee thereof, unless:
  (a) a notice of claim shall have been made and served upon the author-
ity  within  the time limit by and in compliance with section fifty-e of
the general municipal law,

S. 7641                            10

  (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  and  that  adjustment  or  payment thereof has been neglected or
refused,
  (c)  the  action  or proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based, and
  (d)  An  action  against  the  authority  for  wrongful death shall be
commenced in accordance with the notice of  claim  and  time  limitation
provisions of title eleven of article nine of this chapter.
  S  26.  Subdivision 1 of section 1198-o of the public authorities law,
as added by chapter 868 of the laws of  1990,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (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 and that adjustment or payment  thereof  has  been  neglected  or
refused, and
  (c)  the  action  or proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based.
  S  27. Subdivision 2 of section 1276 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  28. Subdivision 2 of section 1297 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. An action against the corporation founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of  claim  shall  have been served on the corporation within the
time limited by and in compliance with all the requirements  of  section
fifty-e  of the general municipal law. An action against the corporation
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 29. Subdivision 2 of section 1299-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:

S. 7641                            11

  2. An action against the authority founded on tort, except  an  action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of claim shall have been served on the authority within the time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  30. Subdivision 2 of section 1299-rr of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  31. Subdivision 2 of section 1317 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  32. Subdivision 2 of section 1342 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  33. Section 1372 of the public authorities law, as amended by chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1372. Actions against authority. In any case founded  upon  a  tort,
except an action for wrongful death, a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority and the provisions of  section  fifty-e
of the general municipal law shall apply. An action against the authori-
ty  for  wrongful death shall be commenced in accordance with the notice
of claim and time limitation provisions of title eleven of article  nine
of  this  chapter.    EXCEPT  IN AN ACTION FOR WRONGFUL DEATH, AN ACTION
AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROP-

S. 7641                            12

ERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES,  ALLEGED
TO  HAVE  BEEN  SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND
NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  34. Section 1397 of the public authorities law, as added by chapter
647 of the laws of 1958, is amended to read as follows:
  S 1397. Actions against authority. In any case founded upon a  tort  a
notice  of  claim  shall  be  required  as  a condition precedent to the
commencement of an action or special proceeding  against  the  authority
and the provisions of section fifty-e of the general municipal law shall
apply.  EXCEPT  IN  AN  ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE
AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR  FOR
THE  DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  35. Subdivision 2 of section 1416 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 36. Subdivision 2 of section 1420-r of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.

S. 7641                            13

  S 37. Subdivision 2 of section 1421-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 38. Subdivision 2 of section 1425-q of the public  authorities  law,
as  added  by  chapter  617  of  the laws of 1972, is amended to read as
follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries or death, alleged to have been sustained, shall  not  be  commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued, nor unless a notice of [intention to  commence  such
action  and  of  the  time  when and place where the damages or personal
injuries or death were incurred or sustained, together with  a  verified
statement showing in detail the property alleged to have been damaged or
destroyed  and  the  value  thereof, or the personal injuries alleged to
have been sustained and by whom, shall have been filed with  the  secre-
tary  of  the  authority in the principal office of the authority within
six months after such cause of action shall have  accrued]  CLAIM  SHALL
HAVE  BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S 39. Subdivision 2 of section 1440 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION

S. 7641                            14

FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  40. Subdivision 2 of section 1466 of the public authorities law, as
added by chapter 637 of the laws of 1948 and such section as  renumbered
by chapter 914 of the laws of 1957, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries  or  death,  alleged to have been sustained, shall not be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall  have  accrued, nor unless a notice of [intention to commence such
action and of the time when and place  where  the  damages  or  personal
injuries  or  death were incurred or sustained, together with a verified
statement showing in detail the property alleged to have been damaged or
destroyed and the value thereof, or the  personal  injuries  alleged  to
have  been  sustained and by whom, shall have been filed with the secre-
tary of the authority in the principal office of  the  authority  within
six  months  after  such cause of action shall have accrued] CLAIM SHALL
HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED  BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S  41.  Subdivision 2 of section 1470-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  42.  Subdivision 2 of section 1493-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have

S. 7641                            15

been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 43. Subdivision 2 of section 1516 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  44. Subdivision 2 of section 1541 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  45.  Subdivision 2 of section 1585-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been

S. 7641                            16

sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place  where  damages  or  personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 46. Subdivision 2 of section 1590-q of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 47. Subdivision 2 of section 1595-q of the public  authorities  law,
as  added  by  chapter  1024  of the laws of 1968, is amended to read as
follows:
  2. An action against the authority for damages, for injuries  to  real
or  personal  property,  or for the destruction thereof, or for personal
injuries or  death,  alleged  to  have  been  sustained,  shall  not  be
commenced  more  than one year AND NINETY DAYS after the cause of action
therefor shall have accrued,  nor  unless  a  notice  of  [intention  to
commence such action and of the time when and place where the damages or
personal  injuries  or death were incurred or sustained, together with a
verified statement showing in detail the property alleged to  have  been
damaged  or  destroyed  and  the value thereof, or the personal injuries
alleged to have been sustained and by whom, shall have been  filed  with
the  secretary of the authority in the principal office of the authority
within six months after such cause of action shall have  accrued]  CLAIM
SHALL  HAVE  BEEN  SERVED  ON THE AUTHORITY WITHIN THE TIME LIMIT ESTAB-
LISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E  OF
THE GENERAL MUNICIPAL LAW.

S. 7641                            17

  S  48.  Subdivision 2 of section 1596-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 49. Subdivision 2 of section 1597-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  50.  Subdivision 2 of section 1598-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office

S. 7641                            18

of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 51. Subdivision (b) of section 1599-qq  of  the  public  authorities
law,  as  amended by chapter 804 of the laws of 1990, is amended to read
as follows:
  (b) Except in an action for wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 52. Subdivision 2 of section 1599-qqqq  of  the  public  authorities
law,  as  amended by chapter 804 of the laws of 1990, is amended to read
as follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  53. Subdivision 2 of section 1600-qq of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS

S. 7641                            19

after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  54. Subdivision 2 of section 1617 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  55.  Subdivision 2 of section 1621-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.

S. 7641                            20

  S  56.  Subdivision 2 of section 1622-q of the public authorities law,
as added by chapter 489 of the laws of  1991,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 57. Subdivision 2 of section 1777 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for wrongful death, in a case  founded  upon  a
tort,  a  notice  of claim shall be required as a condition precedent to
the commencement of an action or special proceeding against the authori-
ty or an officer, appointee or employee thereof, and the  provisions  of
section  fifty-e of the general municipal law shall govern the giving of
such notice. No action shall be commenced more than one year AND  NINETY
DAYS after the cause of action therefor shall have accrued, except in an
action  for  wrongful death, which shall be commenced in accordance with
the notice of claim and time limitation provisions of  title  eleven  of
article nine of this chapter.
  S  58. Subdivision 2 of section 1918 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded on tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  59.  Subdivision 2 of section 1939-g of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded in tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the

S. 7641                            21

notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  60. Subdivision 2 of section 1966 of the public authorities law, as
added by chapter 759 of the laws of 1967, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a condition precedent to  the  commencement  of  an  action  or  special
proceeding  against  the  authority or an officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law shall govern the giving of such notice. No action shall be commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued.
  S 61. Section 1984 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1984. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the authority or any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law shall govern the giving of such notice. An action against
the authority for wrongful death shall be commenced in  accordance  with
the  notice  of  claim and time limitation provisions of title eleven of
article nine of this chapter.  EXCEPT IN AN ACTION FOR  WRONGFUL  DEATH,
AN  ACTION  AGAINST  THE  AUTHORITY  FOR DAMAGES FOR INJURIES TO REAL OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED  MORE  THAN
ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE
ACCRUED.
  S 62. Section 2032 of the public authorities law, as added by  chapter
745 of the laws of 1969, is amended to read as follows:
  S 2032. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the authority or any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the giving of such notice.   EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  63.  Subdivision 2 of section 2040-i of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded on tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by  and  in  compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  64.  Subdivision 2 of section 2046-i of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2. Except in an action for wrongful death, an action against the agen-
cy  founded on tort shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a

S. 7641                            22

notice of claim shall have been served on the  agency  within  the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action against the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 65. Subdivision b of section 2087 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  b. Except in an action for  wrongful  death,  an  action  against  the
authority  founded in tort shall not be commenced more than one year AND
NINETY DAYS after the cause of action therefor shall have  accrued,  nor
unless  a notice of claim shall have been served on the authority within
the time limited by, and in compliance  with  all  the  requirements  of
section  fifty-e  of  the  general  municipal law. An action against the
authority for wrongful death shall be commenced in accordance  with  the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 66. Subdivision 2 of section 2332 of the public authorities law,  as
added by chapter 915 of the laws of 1969, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the authority or an officer,  appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued.
  S  67. Section 2416 of the public authorities law, as added by chapter
612 of the laws of 1970, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2416. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special proceeding against the  agency  or  any  officer,  appointee  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such notice.
  Except in an action for wrongful death, no action shall  be  commenced
(a)  prior  to  the expiration of thirty days from the date on which the
demand, claim or claims upon which the action is founded were  presented
to a director of the agency or other officer thereof designated for such
purpose  nor  (b)  more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued. An action  against  the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 68. Section 2447 of the public authorities law, as added by  chapter
902 of the laws of 1972, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2447. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the  agency  or  any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal law shall govern the giving of such notice.
  Except  in  an action for wrongful death, no action shall be commenced
(a) prior to the expiration of thirty days from the date  on  which  the
demand,  claim or claims upon which the action is founded were presented
to a director of the agency or other officer thereof designated for such

S. 7641                            23

purpose nor (b) more than one year AND NINETY DAYS after  the  cause  of
action  therefor  shall  have  accrued. An action against the agency for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 69. Section 2570 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S  2570.  Actions.  A  notice  of claim, served in accordance with the
provisions of section fifty-e of the general municipal law, shall  be  a
condition  precedent to the commencement of an action against the corpo-
ration, its directors, officers, employees or  agents.  No  such  action
shall  be  commenced  more  than  one  year AND NINETY DAYS after it has
accrued, except that an action  against  the  corporation  for  wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  70. Subdivision 2 of section 2638 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the commission or an officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued, except an action against the commission for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  71. Subdivision 2 of section 376-a of the education law, as amended
by chapter 804 of the laws of 1990, is amended to read as follows:
  2. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 72. Subdivision 3 of section 467 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,

S. 7641                            24

together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 73. Subdivision 3 of section 491 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 74. Section 41.29 of the mental hygiene law, as amended  by  chapter
588  of the laws of 1973 and as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
S 41.29 Liability of local government.
  Any local government which has established a local  governmental  unit
shall  save  harmless  and protect the members of the board and officers
and employees of such unit from financial loss arising out of any claim,
demand, suit, or judgment by reason of alleged negligence or  other  act
resulting  in  accidental  bodily harm or injury to any person, provided
such board member, officer, or employee at the time of the  accident  or
injury was acting in the discharge of his duties within the scope of his
employment  under this article. No action shall be maintained under this
section against such a  local  government,  board  member,  officer,  or
employee  unless  a  notice  of claim shall have been made and served in
compliance with section fifty-e of the general municipal law.  EXCEPT IN
AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST SUCH A LOCAL GOVERNMENT,
BOARD MEMBER, OFFICER, OR EMPLOYEE FOR DAMAGES FOR INJURIES TO  REAL  OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES,  ALLEGED  TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR  SHALL  HAVE
ACCRUED.
  S 75. Subdivision 1 of section 667 of the private housing finance law,
as amended by chapter 804 of the laws of 1990 and as designated by chap-
ter 702 of the laws of 1992, is amended to read as follows:

S. 7641                            25

  1.  Except  in  an action for wrongful death, in any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the corporation,
any of its subsidiary corporations, or any officer, appointee or employ-
ee thereof, and the provisions of section fifty-e of the general munici-
pal  law  shall govern the giving of such notice. An action for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of  article  nine  of  the  public
authorities  law.   ANY OTHER ACTION AGAINST THE CORPORATION, ANY OF ITS
SUBSIDIARY CORPORATIONS, OR ANY OTHER  OFFICER,  APPOINTEE  OR  EMPLOYEE
THEREOF  FOR  DAMAGES  FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR
THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE  BEEN
SUSTAINED,  SHALL  NOT  BE  COMMENCED MORE THAN ONE YEAR AND NINETY DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S 76. Subdivision 3 of section 12 of section 1 of chapter 359  of  the
laws  of  1968, constituting the facilities development corporation act,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  3.  Except  in  an  action  for  wrongful death, an action against the
corporation for damages for injuries to real or  personal  property,  or
for  the  destruction thereof, or for personal injuries, alleged to have
been sustained, shall not be commenced more than  one  year  and  ninety
days after the cause of action therefor shall have accrued, nor unless a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have been filed with a member or officer of the corporation in the prin-
cipal  office  of the corporation within ninety days after such cause of
action shall have accrued] CLAIM SHALL HAVE BEEN SERVED  ON  THE  CORPO-
RATION  WITHIN  THE TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An  action
against the corporation for wrongful death shall be commenced in accord-
ance  with  the  notice of claim and time limitation provisions of title
eleven of article nine of the public authorities law.
  S 77. Subdivision a of section 19-152.2 of the administrative code  of
the  city of New York, as amended by local law number 104 of the city of
New York for the year 1993, is amended to read as follows:
  a. A claim against the department arising from the city's  performance
pursuant  to  section  19-152  of the code shall be initiated within one
year from the date of entry of a notice of account [by  filing]  IF  THE
CLAIMANT SHALL HAVE FILED a notice of claim with the office of the comp-
troller  of  the  city of New York WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION  FIFTY-E  OF  THE
GENERAL  MUNICIPAL  LAW.  The  claim forms shall be provided to property
owners upon request at no cost.
  S 78. Chapter 154 of the laws of 1921, relating to the port  authority
of  New  York  and New Jersey is amended by adding a new article XI-A to
read as follows:
                               ARTICLE XI-A
  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  EVERY
ACTION AGAINST THE AUTHORITY FOR DAMAGES OR INJURIES TO REAL OR PERSONAL
PROPERTY,  OR  FOR  THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR
WRONGFUL DEATH SHALL NOT BE COMMENCED UNLESS A  NOTICE  OF  CLAIM  SHALL
HAVE  BEEN  SERVED  ON  THE  AUTHORITY IN THE MANNER PROVIDED FOR IN THE

S. 7641                            26

STATE WHERE THE ACTION IS COMMENCED, AND IN COMPLIANCE WITH  THE  PERTI-
NENT  STATUTES  OF  THE  STATE  RELATING  GENERALLY TO ACTIONS COMMENCED
AGAINST THAT STATE AND IN COMPLIANCE WITH ALL THE  REQUIREMENTS  OF  THE
LAWS  OF  THAT  STATE.  WHERE  SUCH  STATE'S  LAW PERMITS SERVICE UPON A
DEPARTMENT OF THAT STATE IN LIEU OF  SERVICE  UPON  THE  PUBLIC  ENTITY,
SERVICE MAY BE MADE PURSUANT TO SUCH LAW. EXCEPT IN AN ACTION FOR WRONG-
FUL  DEATH AGAINST SUCH AN ENTITY, AN ACTION FOR DAMAGES OR FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR  SHALL  HAVE  ACCRUED  OR  WITHIN  THE  TIME  PERIOD  OTHERWISE
PRESCRIBED BY ANY SPECIAL PROVISION OF LAW OF THAT STATE,  WHICHEVER  IS
LONGER.
  S  79.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall  apply  to  all  actions  and
proceedings  accruing  on  or  after  such date; provided, however, that
section seventy-eight of this act shall take effect upon  the  enactment
into  law  by the state of New Jersey of legislation having an identical
effect as section seventy-eight of this act, but if  the  state  of  New
Jersey  shall  have enacted such legislation into law prior to the first
day of January next succeeding the date upon which this act  shall  have
become a law, section seventy-eight of this act shall take effect on the
one  hundred eightieth day from the date upon which it shall have become
a law; provided further, however, that the state  of  New  Jersey  shall
notify  the  legislative bill drafting commission upon the occurrence of
the enactment of the provisions provided for in this act in  order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effecting the provisions of section 44 of  the  legislative  law  and
section 70-b of the public officers law.

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