senate Bill S7641B

Signed By Governor
2011-2012 Legislative Session

Enacts the "uniform notice of claim act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2012 approval memo.24
signed chap.500
Dec 05, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading rules cal.593
substituted for a10657a
referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1518
Jun 18, 2012 print number 7641b
amend and recommit to rules
Jun 14, 2012 print number 7641a
amend (t) and recommit to rules
Jun 11, 2012 referred to rules

S7641 - Details

See Assembly Version of this Bill:
A10657A
Law Section:
Civil Practice Law and Rules
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

S7641 - 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.

S7641 - Sponsor Memo

S7641 - Bill Text download pdf

                    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.

S7641A - Details

See Assembly Version of this Bill:
A10657A
Law Section:
Civil Practice Law and Rules
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

S7641A - 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.

S7641A - Sponsor Memo

S7641A - Bill Text download pdf

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

                                 7641--A

                            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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the civil practice law and rules, 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, and chapter 154  of  the  laws  of  1921
  relating to the port authority of New York and New Jersey, 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.  Short title.  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 UNIFORM  NOTICE  OF  CLAIM  ACT,
EVERY  ACTION  FOR  DAMAGES OR INJURIES TO REAL OR PERSONAL PROPERTY, OR
FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR WRONGFUL DEATH,
AGAINST ANY POLITICAL SUBDIVISION OF THE STATE, OR  ANY  INSTRUMENTALITY
OR  AGENCY OF THE STATE OR A POLITICAL SUBDIVISION, ANY PUBLIC AUTHORITY
OR ANY PUBLIC BENEFIT CORPORATION 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 WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLI-
ANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICI-
PAL LAW. EXCEPT IN AN ACTION FOR WRONGFUL DEATH AGAINST SUCH AN  ENTITY,

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

S7641B (ACTIVE) - Details

See Assembly Version of this Bill:
A10657A
Law Section:
Civil Practice Law and Rules
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

S7641B (ACTIVE) - 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.

S7641B (ACTIVE) - Sponsor Memo

S7641B (ACTIVE) - Bill Text download pdf

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

                                 7641--B

                            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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, 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, and chapter 154 of the laws of 1921
  relating to the port authority of New York and New Jersey, 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. Short title.  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  THREE THROUGH SEVENTY-NINE OF THE UNIFORM NOTICE OF CLAIM ACT,
EVERY ACTION FOR DAMAGES OR INJURIES TO REAL OR  PERSONAL  PROPERTY,  OR
FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR WRONGFUL DEATH,
AGAINST  ANY  POLITICAL SUBDIVISION OF THE STATE, OR ANY INSTRUMENTALITY
OR AGENCY OF THE STATE OR A POLITICAL SUBDIVISION, ANY PUBLIC  AUTHORITY
OR  ANY  PUBLIC BENEFIT CORPORATION 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 WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLI-
ANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICI-

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

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