Senate Bill S1495

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee


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

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2017-S1495 (ACTIVE) - Details

Current Committee:
Senate Cities
Law Section:
General Municipal Law
Laws Affected:
Amd §§50-e & 50-i, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6151
2015-2016: S1093

2017-S1495 (ACTIVE) - Summary

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

2017-S1495 (ACTIVE) - Sponsor Memo

2017-S1495 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1495
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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