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Assembly Bill A1226

2009-2010 Legislative Session

Relates to actions against municipal corporations with respect to in rem property

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Archive: Last Bill Status - Stricken

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2009-A1226 (ACTIVE) - Details

Law Section:
General Municipal Law
Laws Affected:
Add ยง71-c, Gen Muni L

2009-A1226 (ACTIVE) - Summary

Relates to actions against municipal corporations with respect to in rem property by providing that no cause of action shall be maintained against a municipal corporation to recover damages for personal injury, including death or injury to property, sustained by reason of such real property being out of repair or in a dangerous, defective or unsafe condition.

2009-A1226 (ACTIVE) - Bill Text download pdf 

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

                                  1226

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Local Governments

AN ACT to amend the  general  municipal  law,  in  relation  to  actions
  against municipal corporations with respect to in rem property

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 71-c to read as follows:
  S  71-C.  LIABILITY  INCIDENT  TO OWNERSHIP OF DANGEROUS, DEFECTIVE OR
UNSAFE REAL PROPERTY. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  NO
CAUSE OF ACTION, ACCRUING WITHIN A PERIOD OF TWO YEARS SUBSEQUENT TO THE
ACQUISITION  OF  REAL  PROPERTY  BY  A MUNICIPAL CORPORATION PURSUANT TO
FORECLOSURE OF A TAX LIEN BY AN  ACTION  IN  REM,  SHALL  BE  MAINTAINED
AGAINST ANY SUCH MUNICIPAL CORPORATION, OR ANY OFFICER, AGENT OR EMPLOY-
EE  THEREOF,  TO RECOVER DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH OR
INJURY TO PROPERTY, SUSTAINED OR ARISING BY REASON OF SUCH REAL PROPERTY
BEING OUT OF REPAIR OR IN A DANGEROUS, DEFECTIVE OR UNSAFE CONDITION.
  S 2. This act shall take effect immediately and  shall  apply  to  all
actions  and proceedings pending on or commenced on or after such effec-
tive date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01834-01-9

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