Senate Bill S5693

Signed By Governor
2009-2010 Legislative Session

Establishes criteria for notice to be filed and served when done by electronic means in N.Y. city

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A2575 - Signed by Governor


  • 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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2009-S5693 (ACTIVE) - Details

See Assembly Version of this Bill:
A2575
Law Section:
General Municipal Law
Laws Affected:
Amd ยง50-e, Gen Muni L

2009-S5693 (ACTIVE) - Summary

Establishes criteria for notice to be filed and served when done by electronic means in a city having a population of more than one million; provides for an application for leave to serve a late notice.

2009-S5693 (ACTIVE) - Sponsor Memo

2009-S5693 (ACTIVE) - Bill Text download pdf

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

                                  5693

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 28, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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  establishing
  criteria for notice of claim to be filed and served when done by elec-
  tronic means in a city having a population of over one million

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

  Section 1. Paragraph (a) of subdivision  3  of  section  50-e  of  the
general municipal law, as amended by chapter 745 of the laws of 1976, is
amended and a new paragraph (e) is added to read as follows:
  (a) The notice shall be served on the public corporation against which
the  claim is made by delivering a copy thereof personally, or by regis-
tered or certified mail, to the person designated by law as one to  whom
a  summons  in an action in the supreme court issued against such corpo-
ration may be delivered, or to an attorney regularly engaged in  repres-
enting  such  public corporation OR, IN A CITY WITH A POPULATION OF OVER
ONE MILLION, BY ELECTRONIC MEANS IN A FORM AND MANNER PRESCRIBED BY SUCH
CITY.
  (E) IF THE NOTICE IS SERVED BY ELECTRONIC MEANS, AS DEFINED  IN  PARA-
GRAPH  TWO  OF  SUBDIVISION  (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE
CIVIL PRACTICE LAW AND RULES, IT SHALL CONTAIN THE INFORMATION  REQUIRED
UNDER  THE  PROVISIONS  OF SUBDIVISION TWO OF THIS SECTION. IN ADDITION,
SUCH NOTICE SHALL CONTAIN THE FOLLOWING DECLARATION: "I CERTIFY THAT ALL
INFORMATION CONTAINED IN THIS NOTICE IS TRUE AND CORRECT TO THE BEST  OF
MY  KNOWLEDGE  AND  BELIEF.  I UNDERSTAND THAT THE WILLFUL MAKING OF ANY
FALSE STATEMENT OF MATERIAL FACT HEREIN  WILL  SUBJECT  ME  TO  CRIMINAL
PENALTIES  AND  CIVIL  LIABILITIES."    SERVICE  OF  THE NOTICE SHALL BE
COMPLETE UPON SUCCESSFUL TRANSMISSION OF THE NOTICE AS INDICATED  BY  AN
ELECTRONIC  RECEIPT PROVIDED BY SUCH CITY, WHICH SHALL TRANSMIT AN ELEC-
TRONIC RECEIPT NUMBER TO THE CLAIMANT FORTHWITH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01596-01-9

              

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