S T A T E   O F   N E W   Y O R K
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                                  6151

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

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

AN ACT to amend the general municipal  law,  in  relation  to  filing  a
  notice of claim in New York city

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 50-e of the general municipal  law
is amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WHERE A PERSON
NOTIFIES THE RESPONSIBLE AGENCY IN WRITING WITHIN NINETY DAYS AFTER SUCH
CLAIM  ARISES, THE TIME OTHERWISE LIMITED FOR FILING THE NOTICE OF CLAIM
IS EXTENDED UNTIL SUCH TIME  THAT  THE  RESPONSIBLE  AGENCY  PROVIDES  A
DETERMINATION  IN  WRITING  DETAILING WHAT ACTIONS THAT THE AGENCY SHALL
TAKE TO RESOLVE THE CLAIM. HOWEVER, THE TIME WITHIN WHICH THE NOTICE  OF
CLAIM  MUST  BE FILED SHALL NOT BE EXTENDED BY THIS PROVISION BEYOND ONE
YEAR AFTER THE CAUSE OF ACTION ACCRUES.
  S 2. Subdivision 1 of section 50-i of the general  municipal  law,  as
amended  by  chapter  24  of  the  laws  of  2013, is amended to read as
follows:
  1. No action or special proceeding shall be prosecuted  or  maintained
against  a city, county, town, village, fire district or school district
for personal injury, wrongful death or damage to real or personal  prop-
erty  alleged  to  have  been  sustained  by reason of the negligence or
wrongful act of such city,  county,  town,  village,  fire  district  or
school  district or of any officer, agent or employee thereof, including
volunteer firemen of any such city, county, town, village, fire district
or school district or any volunteer fireman  whose  services  have  been
accepted  pursuant  to  the  provisions of section two hundred nine-i of
this chapter, unless, (a) a notice of claim shall  have  been  made  and
served  upon  the  city,  county, town, village, fire district or school
district in compliance with section fifty-e  of  this  article,  (b)  it
shall  appear  by and as an allegation in the complaint or moving papers

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11800-02-3

S. 6151                             2

that at least thirty days have elapsed since the service of such notice,
or if service of the notice of claim is made by service upon the  secre-
tary  of  state pursuant to section fifty-three of this article, that at
least forty days have elapsed since the service of such notice, and that
adjustment  or  payment thereof has been neglected or refused, [and] (c)
the action or special proceeding shall be commenced within one year  and
ninety  days  after  the  happening of the event upon which the claim is
based; except that wrongful death actions shall be commenced within  two
years  after  the  happening of the death, AND (C-1) NOTWITHSTANDING THE
PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, IN A CITY WITH A  POPU-
LATION  OF  ONE MILLION OR MORE, WHERE A PERSON NOTIFIES THE RESPONSIBLE
AGENCY PURSUANT TO PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION FIFTY-E
OF THIS ARTICLE, THE TIME OTHERWISE LIMITED FOR  COMMENCING  THE  ACTION
SHALL BE TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES.
  S 3. This act shall take effect immediately.