NY State Senate Bill 2011-S7641

Archive: Last Bill Status - 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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Actions

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Date of Action	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
Jun 18, 2012	amend and recommit to rules
Jun 14, 2012	print number 7641a
Jun 14, 2012	amend (t) and recommit to rules
Jun 11, 2012	referred to rules

Votes

- Jun 21, 2012 - Floor Vote
  S7641
  
  Aye
  
  44
  
  Nay
  
  16
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 21, 2012
      
      aye (44)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Libous
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Sampson
      
      Savino
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Young
      
      nay (16)
      
      Ball
      
      Bonacic
      
      Griffo
      
      Grisanti
      
      Lanza
      
      Larkin
      
      Little
      
      Maziarz
      
      McDonald
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Saland
      
      Seward
      
      Valesky
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Huntley
  Jun 21, 2012 - Rules Committee Vote
  S7641
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 21, 2012
      
      aye (22)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (2)
      
      Duane
      
      Saland
      
      excused (1)
      
      Fuschillo

Bill Amendments

Original

B (Active)

2011-S7641 - Details

Law Section:: General Municipal Law
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

2011-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.

2011-S7641 - Sponsor Memo

                                BILL NUMBER:S7641

TITLE OF BILL:
An act
to amend 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,
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

PURPOSE OF BILL:
The purpose of this bill is to provide plaintiffs
with a uniform, fair and statutorily consistent procedure for serving
a notice of claim of intention to commence a proceeding in the courts
of this state for damages suffered as an aggrieved party, and
similarly provide for a statutorily consistent statute of limitations
applicable to such actions.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of this legislation provides that this act shall be known as
the "Uniform Notice of Claim Act."

Section 2 amends the civil
practice law and rules to state that all notices of claim served on
any entity entitled to such a notice as a condition precedent to the
commencement of an action, whether the relevant statute is expressly
amended by the bill or not, are subject to the requirements of
general municipal law 50-e. This section also provides that the
statute of limitations applicable to actions, except wrongful death
actions, against such entities shall be longer of one year and ninety
days or the time period specified in any other provision of law.

Section 3 amends the civil practice law and rules to state that any
fee imposed by this act shall be a taxable disbursement.

Section 4 amends the general municipal law to allow notices of claim
against any public corporation to be served on the Secretary of State
at a location designated by the Secretary for that purpose, and
requires the Secretary of State to forward a copy to the entity named
in the notice of claim. Service of the notice of claim shall be
complete when served on the Secretary of State.

Section 5 amends the general municipal law to allow an error in naming
a public corporation in a notice of claim, if made in good faith, to

be the basis for a discretionary extension of the time to serve a
correct notice of claim, unless the proper public corporation
suffered substantial prejudice.

Section 6 amends the general municipal law to require entities
entitled to receive a notice of claim to file a certificate with the
Secretary of State that identifies the name and address to which the
Secretary of State must transmit notices of claims. Failure of an
entity to file such a certificate will not invalidate any notice of
claim served on the Secretary of State. This section
also provides for a $250 filing fee for service of a notice of claim
on the Secretary of State, with the half of that fee to be retained
by the Secretary of State and the other half provided to the entity
or entities named in the notice of claim.

Sections 7 through 79 amend the specific statutory provisions
governing entities entitled to a notice of claim as a condition
precedent to the commencement of an action. These amendments are
intended to provide unified procedures for filing a notice of claim,
and specifically provide that the time limits contained in general
municipal law 50-e are generally applicable, and amend relevant
statute of limitations to provide a minimum time limit of one year
and ninety days to bring an action against a public corporation.

JUSTIFICATION:
The current statutes governing the filing of notices of
claim and commencing an action or proceeding against a public
corporation have become confusing and unfairly difficult for all
concerned, including the judiciary and the governmental entities
involved. Over the years, this legislature has granted state-created
governmental and quasi-governmental bodies the right to require that
notification of claims to be made against them were to be made by
requiring them to receive a notice of claim or other comparable
document as a condition precedent to commencement of an action or
proceeding. These various requirements in law have resulted in a
multiplicity of sometimes disparate and confusing procedural rules
and time limits.

Further, the number of entities entitled by law to such notification
has grown over the years to a large though uncertain number, and each
entity often has its own statutory entitlement to service within a
timeframe, at a certain place and in a manner not at all congruent
with one another.

This existing patchwork of statutes governing claims against
government are neither consistent with one another, nor are they all
catalogued or contained in the same, similar or readily locatable
sections of the chaptered laws. The result is that even the most
diligent, conscientious and able potential claimant can be misled in
good faith by the lack of a uniform procedure for filing notices of
claim and bringing actions against governmental and
quasi-governmental entities.

In addition, costly, time-consuming and resource-wasting litigation
often ensues over arcane issues of notice of claim service and other
procedural quirks, unnecessarily burdening the courts as well as the
agencies involved, while at the same time undermining public
confidence in the reasonableness and rationality of New York's laws.
This bill will provide a uniform, fair and easily engaged method of
notice of claim service via the secretary of state in addition to
those methods of service already existing, and thus provide a degree
of uniformity to procedural rules governing actions against
governmental and quasi-governmental entities.

This bill is not intended to limit, alter, eliminate or otherwise
nullify existing provisions of law relating to the service of a
notice of claim, but only as a means of providing an alternative
method for satisfying the condition precedent to the commencement of
an action or proceeding against a public corporation.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
It is anticipated
that this bill will provide for a net revenue gain to localities and
to the State.

EFFECTIVE DATE:
This act shall take effect one hundred and eighty days
from -the date upon which it shall have become a law and shall apply
to all actions and proceedings accruing on and after such date;
provided, however, that section 79 of this act shall take effect upon
the enactment into law by the state of New Jersey of legislation
having an identical effect with section 79 of this act, but if the
state of New Jersey shall have enacted such legislation into law
prior to the first day of January next succeeding the date upon which
this act shall have become a law, section 79 of this act shall take
effect one hundred and eighty days from the date upon which it shall
have become a law.

2011-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.

                                                           LBD16120-02-2

S. 7641                             2

DESTRUCTION  THEREOF,  OR  FOR  PERSONAL  INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED OR WITHIN THE TIME
PERIOD  OTHERWISE  PRESCRIBED BY ANY SPECIAL PROVISION OF LAW, WHICHEVER
IS LONGER.  NOTHING HEREIN IS INTENDED TO AMEND THE COURT OF CLAIMS  ACT
OR ANY PROVISION THEREOF.
  S  3.    Paragraph  12 of subdivision (a) of section 8301 of the civil
practice law and rules in renumbered paragraph 13 and a new paragraph 12
is added to read as follows:
  12. ANY FEE IMPOSED BY SECTION FIFTY-THREE OF  THE  GENERAL  MUNICIPAL
LAW; AND
  S  4.  Subdivision  3  of section 50-e of the general municipal law is
amended by adding a new paragraph (f) to read as follows:
  (F) SERVICE OF A NOTICE OF CLAIM ON THE SECRETARY OF STATE AS AGENT OF
ANY PUBLIC CORPORATION WHATSOEVER CREATED OR EXISTING BY VIRTUE  OF  THE
LAWS  OF THE STATE OF NEW YORK UPON WHOM SERVICE OF A NOTICE OF CLAIM IS
REQUIRED AS A  CONDITION  PRECEDENT  TO  BEING  SUED,  MAY  BE  MADE  BY
PERSONALLY  DELIVERING  TO  AND LEAVING WITH THE SECRETARY OF STATE OR A
DEPUTY, OR WITH ANY PERSON AUTHORIZED  BY  THE  SECRETARY  OF  STATE  TO
RECEIVE  SUCH  SERVICE,  AT ANY OFFICE OF THE DEPARTMENT OF STATE IN THE
CITY OF ALBANY OR AT ONE OF HIS OR HER  REGULARLY  ESTABLISHED  OFFICES,
DUPLICATE  COPIES  OF  SUCH NOTICE OF  CLAIM TOGETHER WITH THE STATUTORY
FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE ON  SUCH  PUBLIC
CORPORATION  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
THE SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF SUCH COPIES BY  CERTI-
FIED  MAIL, RETURN RECEIPT REQUESTED, TO SUCH PUBLIC CORPORATION, AT THE
POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,  SPECIFIED  FOR
THE PURPOSE.
  S  5.  Subdivision  5 of section 50-e of the general municipal law, as
amended by chapter 12 of the  laws  of  2010,  is  amended  to  read  as
follows:
  5. Application for leave to serve a late notice.
  Upon application, the court, in its discretion, may extend the time to
serve a notice of claim specified in paragraph (a) of subdivision one of
this section, WHETHER SUCH SERVICE WAS MADE UPON A PUBLIC CORPORATION OR
THE  SECRETARY OF STATE. The extension shall not exceed the time limited
for the commencement of an action by the  claimant  against  the  public
corporation.  In  determining  whether to grant the extension, the court
shall consider, in particular, whether the  public  corporation  or  its
attorney  or  its  insurance  carrier  acquired  actual knowledge of the
essential facts constituting the claim  within  the  time  specified  in
subdivision  one of this section or within a reasonable time thereafter.
The court shall also consider  all  other  relevant  facts  and  circum-
stances,  including:  whether the claimant was an infant, or mentally or
physically incapacitated, or died before the time limited for service of
the notice of claim; whether the  claimant  failed  to  serve  a  timely
notice  of  claim  by reason of his justifiable reliance upon settlement
representations made by  an  authorized  representative  of  the  public
corporation  or its insurance carrier; whether the claimant in serving a
notice of claim made an excusable error concerning the identity  of  the
public  corporation against which the claim should be asserted, PROVIDED
THAT AN ERROR MADE IN GOOD FAITH CONCERNING THE IDENTITY OF  THE  PUBLIC
CORPORATION  AGAINST WHOM THE CLAIM SHOULD HAVE BEEN ASSERTED MAY BE THE
BASIS FOR THE GRANTING OF AN EXTENSION OF  TIME  TO  SERVE  A  CORRECTED
NOTICE  OF  CLAIM  UPON  THE PROPER PUBLIC CORPORATION, UNLESS IT CAN BE
DEMONSTRATED TO THE COURT THAT THE PROPER  PUBLIC  CORPORATION  SUFFERED

S. 7641                             3

SUBSTANTIAL  PREJUDICE  IN THE INVESTIGATION OR DEFENSE OF THE CLAIM DUE
TO THE ERROR; if service of the notice of claim is  attempted  by  elec-
tronic  means  pursuant  to  paragraph  (e) of subdivision three of this
section, whether the delay in serving the notice of claim was based upon
the  failure  of  the computer system of the city or the claimant or the
attorney representing the claimant; that such claimant or  attorney,  as
the  case  may  be, submitted evidence or proof as is reasonable showing
that (i) the submission of the claim was attempted to be  electronically
made  in a timely manner and would have been completed but for the fail-
ure of the computer system utilized by the sender or recipient, and (ii)
that upon becoming aware of both the failure  of  such  system  and  the
failure of the city to receive such submission, the claimant or attorney
had insufficient time to make such claim within the permitted time peri-
od  in a manner as otherwise prescribed by law; and whether the delay in
serving the notice of claim substantially prejudiced the  public  corpo-
ration in maintaining its defense on the merits.
  An application for leave to serve a late notice shall not be denied on
the  ground that it was made after commencement of an action against the
public corporation.
  S 6. The general municipal law is amended by adding a new  section  53
to read as follows:
  S  53.  ALTERNATIVE  SERVICE  OF NOTICE OF CLAIM UPON THE SECRETARY OF
STATE. 1. IN LIEU OF SERVING A NOTICE OF CLAIM UPON A PUBLIC CORPORATION
AS PROVIDED FOR IN SECTION FIFTY-E OF THIS ARTICLE, A  NOTICE  OF  CLAIM
SETTING  FORTH  THE  SAME INFORMATION AS REQUIRED BY SUCH SECTION MAY BE
SERVED UPON THE SECRETARY OF STATE IN THE SAME MANNER AS IF SERVED  WITH
THE  PUBLIC  CORPORATION.  ALL  THE  REQUIREMENTS  RELATING TO THE FORM,
CONTENT, TIME LIMITATIONS, EXCEPTIONS, EXTENSIONS AND ANY  OTHER  PROCE-
DURAL  REQUIREMENTS  IMPOSED IN SUCH SECTION WITH RESPECT TO A NOTICE OF
CLAIM SERVED UPON A PUBLIC CORPORATION SHALL CORRESPONDINGLY APPLY TO  A
NOTICE  OF CLAIM SERVED UPON THE SECRETARY OF STATE AS PERMITTED BY THIS
SECTION. FOR PURPOSES OF THIS ARTICLE, THE SECRETARY OF STATE  SHALL  BE
DEEMED TO BE THE AGENT FOR ALL PUBLIC CORPORATIONS UPON WHOM A NOTICE OF
CLAIM  MAY  BE  SERVED PRIOR TO COMMENCEMENT OF ANY ACTION OR PROCEEDING
SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
  2. THE SECRETARY OF STATE SHALL DESIGNATE AN OFFICE WITHIN THE DEPART-
MENT OF STATE WHEREAT PERSONS ARE ENTITLED BY  LAW  TO  TIMELY  SERVE  A
NOTICE  OF  CLAIM  UPON THE SECRETARY OF STATE AS THE AGENT FOR A PUBLIC
CORPORATION AS A CONDITION PRECEDENT TO COMMENCEMENT  OF  AN  ACTION  OR
PROCEEDING.  ALL PUBLIC CORPORATIONS ENTITLED TO HAVE SERVED UPON THEM A
NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR
PROCEEDING SHALL, NO LATER THAN THIRTY DAYS AFTER THE  DATE  UPON  WHICH
THIS SECTION SHALL TAKE EFFECT, FILE A CERTIFICATE WITH THE SECRETARY OF
STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A NOTICE OF
CLAIM AND SHALL IN SUCH STATEMENT PROVIDE THE SECRETARY  WITH  THE  NAME
AND  ADDRESS OF AN OFFICER, PERSON, OR DESIGNEE, NOMINEE OR OTHER AGENT-
IN-FACT FOR THE TRANSMITTAL OF NOTICES OF CLAIM SERVED UPON  THE  SECRE-
TARY  AS  THE  PUBLIC  CORPORATION'S  AGENT.  ANY DESIGNATED POST-OFFICE
ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF THE  NOTICE
OF  CLAIM  SERVED  UPON  HIM  OR  HER  AS AGENT SHALL CONTINUE TO BE THE
ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED UNTIL  THE  PUBLIC  CORPO-
RATION  SENDS  A  NOTICE  TO THE SECRETARY INFORMING HIM OR HER OF A NEW
ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED. THE INITIAL  FILING  WITH
THE  SECRETARY OF STATE SHALL ALSO CONTAIN THE APPLICABLE TIME LIMIT FOR
FILING A NOTICE OF CLAIM UPON  THAT  PUBLIC  CORPORATION,  OR  IF  LATER
CHANGED  BY  STATUTE,  A  NEW FILING SHALL BE MADE DETAILING THE ALTERED

S. 7641                             4

TIME LIMIT. ANY PUBLIC CORPORATION WHO DOES NOT HAVE A CURRENT AND TIME-
LY STATUTORY DESIGNATION FILED WITH THE SECRETARY OF STATE SHALL NOT  BE
ENTITLED  TO THE PORTION OF THE FEE TO WHICH IT WOULD OTHERWISE BE ENTI-
TLED  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION.   FAILURE OF THE
PUBLIC CORPORATION TO SO FILE WITH  THE  SECRETARY  OF  STATE  WILL  NOT
INVALIDATE  ANY SERVICE OF A NOTICE OF CLAIM UPON THE PUBLIC CORPORATION
WHICH HAS BEEN RECEIVED BY THE SECRETARY OF STATE.
  3. THE SECRETARY OF STATE IS HEREBY EMPOWERED TO ACCEPT PROPERLY TRAN-
SMITTED NOTICES OF CLAIMS ON BEHALF OF A PUBLIC  CORPORATION,  WITH  THE
SAME  EFFECT AS IF SERVED DIRECTLY UPON A PUBLIC CORPORATION. THE SECRE-
TARY OF STATE SHALL ACCEPT SUCH SERVICE UPON  THE  FOLLOWING  TERMS  AND
CONDITIONS:
  (A)  THE SECRETARY OF STATE SHALL SET AND NOTIFY THE PUBLIC, ON HIS OR
HER WEBSITE, AS TO REASONABLE TIMES, PLACES AND MANNER OF  SERVICE  UPON
HIM OR HER OF NOTICES OF CLAIMS;
  (B)  UPON  RECEIPT  OF A NOTICE OF CLAIM, THE SECRETARY OF STATE SHALL
ISSUE A RECEIPT OR OTHER DOCUMENT ACKNOWLEDGING HIS OR  HER  RECEIPT  OF
SUCH NOTICE, AND SUCH RECEIPT SHALL CONTAIN THE DATE AND TIME OF RECEIPT
OF  THE  NOTICE,  AN IDENTIFYING NUMBER OR NAME PARTICULAR TO THE NOTICE
RECEIVED, AND THE LOGO OR SEAL OF THE DEPARTMENT OF STATE EMBOSSED  UPON
IT.  SUCH  RECEIPT  SHALL  BE  PRIMA  FACIE EVIDENCE OF SERVICE UPON THE
SECRETARY OF STATE FOR ALL PURPOSES;
  (C) WITHIN TEN DAYS AFTER RECEIVING THE NOTICE OF CLAIM, THE SECRETARY
OF STATE SHALL TRANSMIT AN ORIGINAL, A COPY OR AN ELECTRONIC COPY OF THE
NOTICE OF CLAIM TO THE PUBLIC CORPORATION NAMED IN THE NOTICE;
  (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER, WAIVE OR  OTHER-
WISE  ABROGATE  ANY  DEFENSE AVAILABLE TO A PUBLIC CORPORATION AS TO THE
NATURE, SUFFICIENCY, OR APPROPRIATENESS OF THE NOTICE OF  CLAIM  ITSELF,
OR  TO  ANY  CHALLENGES  TO THE TIMELINESS OF THE SERVICE OF A NOTICE OF
CLAIM.  TIMELY SERVICE UPON THE SECRETARY OF STATE SHALL BE DEEMED TIME-
LY SERVICE UPON THE PUBLIC CORPORATION FOR PURPOSES  OF  INSTITUTING  AN
ACTION OR PROCEEDING OR OTHER REQUIREMENT IMPOSED BY LAW.
  4.  THE SECRETARY OF STATE MAY IMPOSE A FEE UPON ANY PERSON WHO SERVES
A NOTICE OF CLAIM WITH THE DEPARTMENT. SUCH FEE  SHALL  NOT  EXCEED  TWO
HUNDRED  FIFTY  DOLLARS  FOR EACH SUCH NOTICE FILED. ONE-HALF OF THE FEE
IMPOSED SHALL BE RETAINED BY THE SECRETARY OF STATE AS PAYMENT  FOR  ITS
SERVICES  PROVIDED  IN  ACCORDANCE  WITH  THIS  SECTION.  THE  REMAINING
ONE-HALF OF SUCH FEE SHALL BE FORWARDED TO THE PUBLIC CORPORATION  NAMED
IN  THE  NOTICE OF CLAIM PROVIDED, HOWEVER, IF MORE THAN ONE SUCH PUBLIC
CORPORATION IS NAMED, EACH NAMED PUBLIC CORPORATION SHALL BE ENTITLED TO
AN EQUAL PERCENTAGE OF THE ONE-HALF AMOUNT.
  5. THE SECRETARY OF STATE SHALL WITHIN SIXTY DAYS AFTER THE  EFFECTIVE
DATE  OF  THIS  SECTION  POST  ON THE DEPARTMENTAL WEBSITE A LIST OF ANY
PUBLIC CORPORATION,  INCLUDING  ANY  PUBLIC  AUTHORITY,  PUBLIC  BENEFIT
CORPORATION OR ANY OTHER ENTITY ENTITLED TO RECEIVE A NOTICE OF CLAIM AS
A  CONDITION  PRECEDENT  TO COMMENCEMENT OF AN ACTION OR PROCEEDING, AND
THAT HAS FILED, PURSUANT TO THIS SECTION, A CERTIFICATE WITH THE  SECRE-
TARY  OF  STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A
NOTICE OF CLAIM. THE LIST SHOULD IDENTIFY THE ENTITY, THE ADDRESS OF THE
PUBLIC CORPORATION TO WHICH THE NOTICE OF CLAIM SHALL  BE  FORWARDED  BY
THE SECRETARY OF STATE, AND ANY STATUTORY PROVISIONS UNIQUELY PERTAINING
TO SUCH PUBLIC CORPORATION AND THE COMMENCEMENT OF AN ACTION OR PROCEED-
ING AGAINST IT.
  S  7.  Subdivision  2  of section 880 of the general municipal law, as
added by chapter 1030 of the  laws  of  1969,  is  amended  to  read  as
follows:

S. 7641                             5

  (2)  In  a case founded upon tort, a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding against the agency or an officer, appointee or employee ther-
eof,  and  the  provisions  of section fifty-e of [the general municipal
law]  THIS  CHAPTER  shall  govern  the giving of such notice. No action
shall be commenced more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued.
  S 8. Paragraph (viii) of subdivision  (b)  of  section  970-n  of  the
general  municipal  law, as added by chapter 916 of the laws of 1984 and
such section as renumbered by chapter  686  of  the  laws  of  1986,  is
amended to read as follows:
  (viii)  No  action  or  proceeding  shall  be prosecuted or maintained
against an authority for personal injury or damage to real  or  personal
property  alleged  to have been sustained by reason of the negligence or
wrongful act of the authority or any member, officer, agent or  employee
thereof, unless (1) notice of claim shall have been made and served upon
the  authority  OR  THE  SECRETARY OF STATE within the time limit ESTAB-
LISHED by and in compliance with section fifty-e of [the general munici-
pal law] THIS CHAPTER, (2) it shall appear by and as  an  allegation  in
the  complaint  or  moving papers that at least thirty days have elapsed
since the service of such notice and  that  the  adjustment  or  payment
thereof  has been neglected or refused, and (3) the action or proceeding
shall be commenced within one year AND NINETY DAYS after the  [happening
of  the  event upon which the claim is based] CAUSE OF ACTION SHALL HAVE
ACCRUED.
  S 9. Paragraph (d) of subdivision 2 of article IV of  section  21-1701
of the environmental conservation law is amended to read as follows:
  (d) The foregoing consent is granted upon the condition that any suit,
action  or  proceeding  prosecuted  or  maintained  hereunder  shall  be
commenced within one year AND NINETY DAYS  after  the  cause  of  action
therefor  shall have accrued, and upon the further condition that in the
case of any suit, action or proceeding for the recovery  or  payment  of
money,  prosecuted or maintained hereunder, a notice of claim shall have
been served upon the Commission by or on  behalf  of  the  plaintiff  or
plaintiffs  [at  least sixty days before such suit, action or proceeding
is commenced] WITHIN THE TIME LIMIT ESTABLISHED  BY  AND  IN  COMPLIANCE
WITH  SECTION  FIFTY-E  OF THE GENERAL MUNICIPAL LAW.  The provisions of
this subparagraph shall not apply to claims arising out of provisions of
any workmen's compensation law of any of the signatory States.
  S 10. Subdivision 2 of section 540 of the public authorities  law,  as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2.  [An] EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  and  ninety  days
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place  where  the  damages  were  incurred or sustained, together with a
verified statement showing in detail the property alleged to  have  been
damaged  or  destroyed  and  the value thereof, or the personal injuries
alleged to have been sustained and by whom,] CLAIM shall have been filed
[in the principal office of the authority within ninety days after  such
cause of action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY
AND IN COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.

S. 7641                             6

  S 11. Subdivision 2 of section 569-a of the public authorities law, as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal  injuries  alleged  to  have been sustained and by whom,] CLAIM
shall have been filed [with the secretary of the authority in the  prin-
cipal  office  of  the  authority  within six months after such cause of
action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY  AND  IN
COMPLIANCE  WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action
against the authority for wrongful death shall be commenced  in  accord-
ance  with  the  notice of claim and time limitation provisions of title
eleven of article nine of this chapter.
  S 12. Subdivision 2 of section 666-b of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries, alleged to have been sustained shall not be  commenced  more  than
one  year  and ninety days after the cause of action therefor shall have
accrued, nor unless a notice of [intention to commence such  action  and
of the time when and place where the damages were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  in the principal office of the authority within ninety days
after such cause of action shall have accrued]  CLAIM  SHALL  HAVE  BEEN
SERVED  ON  THE  AUTHORITY  WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN
COMPLIANCE WITH ALL REQUIREMENTS  OF  SECTION  FIFTY-E  OF  THE  GENERAL
MUNICIPAL LAW.
  S  13.  Subdivision 2 of section 735 of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries, alleged to have been sustained shall not be  commenced  more  than
one  year  and ninety days after the cause of action therefor shall have
accrued, nor unless a notice of [intention to commence such  action  and
of the time when and place where the damages were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  in the principal office of the authority within ninety days
after such cause of action shall have accrued]  CLAIM  SHALL  HAVE  BEEN
SERVED  WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.
  S 14. Subdivision 1 of section 889 of the public authorities  law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon a tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special

S. 7641                             7

proceeding  against  the authority and the provisions of section fifty-e
of the general municipal law shall apply.    EXCEPT  IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 15. Subdivision 1 of section 1017 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any action founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the  authority  or any officer, appointee, agent or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the  giving  of such notice. EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  16.  Subdivision 1 of section 1020-u of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1. In any action founded upon tort a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any  officer,  appointee,  agent  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving  of  such  notice.  EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 17. Subdivision 3 of section 1021-m of the public  authorities  law,
as  added  by  chapter  533  of  the laws of 2010, is amended to read as
follows:
  3. An action against the authority founded on tort shall be  commenced
in compliance with all the requirements of section fifty-e of the gener-
al municipal law, except that an action against the authority for wrong-
ful  death shall be commenced in accordance with the provisions of title
eleven of article nine of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL
DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO  REAL
OR  PERSONAL  PROPERTY,  OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL
INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT  BE  COMMENCED  MORE
THAN  ONE  YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL
HAVE ACCRUED.
  S 18. Subdivision 1 of section 1048-v of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  1. Except in an action for wrongful death,  no  action  or  proceeding
shall  be  prosecuted  or  maintained against the authority or the water
board for personal injury or damage to real or personal property alleged
to have been sustained by reason of the negligence or  wrongful  act  of
the  authority or the board or of any member, officer, agent or employee
thereof, unless (i) a notice of claim shall have been  made  and  served
upon  the  authority  or the water board, as the case may be, within the

S. 7641                             8

time limit by and in compliance with  section  fifty-e  of  the  general
municipal  law,  (ii)  it  shall  appear  by and as an allegation in the
complaint or moving papers that at least thirty days have elapsed  since
the  service  of  such notice and that adjustment or payment thereof has
been neglected or refused, and (iii) the action or proceeding  shall  be
commenced  within  one  year  AND NINETY DAYS after the happening of the
event upon which the claim is based. An action against the authority  or
water board for wrongful death shall be commenced in accordance with the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 19. Subdivision 1 of section 1067 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon tort a notice of claim shall  be  required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any  officer,  appointee,  agent  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such  notice.    EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 20. Subdivision 1 of section 1089 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon tort a notice of claim shall  be  required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice.   EXCEPT IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 21. Subdivision 1 of section 1109 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon tort a notice of claim shall  be  required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice.   EXCEPT IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 22. Subdivision 1 of section 1115-u of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  1. Except in an action for wrongful death,  no  action  or  proceeding
shall  be  prosecuted  or  maintained against the authority or the water
board for personal injury or damage to real or personal property alleged
to have been sustained by reason of the negligence or  wrongful  act  of

S. 7641                             9

the  authority  or  the  water board or of any member, officer, agent or
employee thereof, unless (a) a notice of claim shall have been made  and
served upon the authority or the water board, as the case may be, within
the  time limit by and in compliance with section fifty-e of the general
municipal law, (b) it shall appear  by  and  as  an  allegation  in  the
complaint  or moving papers that at least thirty 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 proceeding shall be
commenced within one year AND NINETY DAYS after  the  happening  of  the
event  upon which the claim is based. An action against the authority or
water board for wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  23. Subdivision 1 of section 1169 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  24.  Subdivision 1 of section 1174-o of the public authorities law,
as added by chapter 491 of the laws of  1991,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers  that at least thirty 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 proceeding shall be commenced within one year AND
NINETY DAYS after the [happening of the event upon which  the  claim  is
based] CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  25.  Subdivision 1 of section 1197-n of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against  the  authority  for  personal
injury  or  damage  to  real  or  personal property alleged to have been
sustained by reason of the negligence or wrongful act of  the  authority
or any member, officer, agent or employee thereof, unless:
  (a) a notice of claim shall have been made and served upon the author-
ity  within  the time limit by and in compliance with section fifty-e of
the general municipal law,

S. 7641                            10

  (b) it shall appear by and as an allegation in the complaint or moving
papers that at least thirty days have elapsed since the service of  such
notice  and  that  adjustment  or  payment thereof has been neglected or
refused,
  (c)  the  action  or proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based, and
  (d)  An  action  against  the  authority  for  wrongful death shall be
commenced in accordance with the notice of  claim  and  time  limitation
provisions of title eleven of article nine of this chapter.
  S  26.  Subdivision 1 of section 1198-o of the public authorities law,
as added by chapter 868 of the laws of  1990,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers  that at least thirty 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 proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based.
  S  27. Subdivision 2 of section 1276 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  28. Subdivision 2 of section 1297 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. An action against the corporation founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of  claim  shall  have been served on the corporation within the
time limited by and in compliance with all the requirements  of  section
fifty-e  of the general municipal law. An action against the corporation
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 29. Subdivision 2 of section 1299-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:

S. 7641                            11

  2. An action against the authority founded on tort, except  an  action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of claim shall have been served on the authority within the time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  30. Subdivision 2 of section 1299-rr of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  31. Subdivision 2 of section 1317 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  32. Subdivision 2 of section 1342 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  33. Section 1372 of the public authorities law, as amended by chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1372. Actions against authority. In any case founded  upon  a  tort,
except an action for wrongful death, a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority and the provisions of  section  fifty-e
of the general municipal law shall apply. An action against the authori-
ty  for  wrongful death shall be commenced in accordance with the notice
of claim and time limitation provisions of title eleven of article  nine
of  this  chapter.    EXCEPT  IN AN ACTION FOR WRONGFUL DEATH, AN ACTION
AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROP-

S. 7641                            12

ERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES,  ALLEGED
TO  HAVE  BEEN  SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND
NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  34. Section 1397 of the public authorities law, as added by chapter
647 of the laws of 1958, is amended to read as follows:
  S 1397. Actions against authority. In any case founded upon a  tort  a
notice  of  claim  shall  be  required  as  a condition precedent to the
commencement of an action or special proceeding  against  the  authority
and the provisions of section fifty-e of the general municipal law shall
apply.  EXCEPT  IN  AN  ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE
AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR  FOR
THE  DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  35. Subdivision 2 of section 1416 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 36. Subdivision 2 of section 1420-r of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.

S. 7641                            13

  S 37. Subdivision 2 of section 1421-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 38. Subdivision 2 of section 1425-q of the public  authorities  law,
as  added  by  chapter  617  of  the laws of 1972, is amended to read as
follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries or death, alleged to have been sustained, shall  not  be  commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued, nor unless a notice of [intention to  commence  such
action  and  of  the  time  when and place where the damages or personal
injuries or death were incurred or sustained, together with  a  verified
statement showing in detail the property alleged to have been damaged or
destroyed  and  the  value  thereof, or the personal injuries alleged to
have been sustained and by whom, shall have been filed with  the  secre-
tary  of  the  authority in the principal office of the authority within
six months after such cause of action shall have  accrued]  CLAIM  SHALL
HAVE  BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S 39. Subdivision 2 of section 1440 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION

S. 7641                            14

FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  40. Subdivision 2 of section 1466 of the public authorities law, as
added by chapter 637 of the laws of 1948 and such section as  renumbered
by chapter 914 of the laws of 1957, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries  or  death,  alleged to have been sustained, shall not be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall  have  accrued, nor unless a notice of [intention to commence such
action and of the time when and place  where  the  damages  or  personal
injuries  or  death were incurred or sustained, together with a verified
statement showing in detail the property alleged to have been damaged or
destroyed and the value thereof, or the  personal  injuries  alleged  to
have  been  sustained and by whom, shall have been filed with the secre-
tary of the authority in the principal office of  the  authority  within
six  months  after  such cause of action shall have accrued] CLAIM SHALL
HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED  BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S  41.  Subdivision 2 of section 1470-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  42.  Subdivision 2 of section 1493-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have

S. 7641                            15

been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 43. Subdivision 2 of section 1516 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  44. Subdivision 2 of section 1541 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  45.  Subdivision 2 of section 1585-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been

S. 7641                            16

sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place  where  damages  or  personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 46. Subdivision 2 of section 1590-q of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 47. Subdivision 2 of section 1595-q of the public  authorities  law,
as  added  by  chapter  1024  of the laws of 1968, is amended to read as
follows:
  2. An action against the authority for damages, for injuries  to  real
or  personal  property,  or for the destruction thereof, or for personal
injuries or  death,  alleged  to  have  been  sustained,  shall  not  be
commenced  more  than one year AND NINETY DAYS after the cause of action
therefor shall have accrued,  nor  unless  a  notice  of  [intention  to
commence such action and of the time when and place where the damages or
personal  injuries  or death were incurred or sustained, together with a
verified statement showing in detail the property alleged to  have  been
damaged  or  destroyed  and  the value thereof, or the personal injuries
alleged to have been sustained and by whom, shall have been  filed  with
the  secretary of the authority in the principal office of the authority
within six months after such cause of action shall have  accrued]  CLAIM
SHALL  HAVE  BEEN  SERVED  ON THE AUTHORITY WITHIN THE TIME LIMIT ESTAB-
LISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E  OF
THE GENERAL MUNICIPAL LAW.

S. 7641                            17

  S  48.  Subdivision 2 of section 1596-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 49. Subdivision 2 of section 1597-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  50.  Subdivision 2 of section 1598-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office

S. 7641                            18

of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 51. Subdivision (b) of section 1599-qq  of  the  public  authorities
law,  as  amended by chapter 804 of the laws of 1990, is amended to read
as follows:
  (b) Except in an action for wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 52. Subdivision 2 of section 1599-qqqq  of  the  public  authorities
law,  as  amended by chapter 804 of the laws of 1990, is amended to read
as follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  53. Subdivision 2 of section 1600-qq of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS

S. 7641                            19

after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  54. Subdivision 2 of section 1617 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  55.  Subdivision 2 of section 1621-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.

S. 7641                            20

  S  56.  Subdivision 2 of section 1622-q of the public authorities law,
as added by chapter 489 of the laws of  1991,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 57. Subdivision 2 of section 1777 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for wrongful death, in a case  founded  upon  a
tort,  a  notice  of claim shall be required as a condition precedent to
the commencement of an action or special proceeding against the authori-
ty or an officer, appointee or employee thereof, and the  provisions  of
section  fifty-e of the general municipal law shall govern the giving of
such notice. No action shall be commenced more than one year AND  NINETY
DAYS after the cause of action therefor shall have accrued, except in an
action  for  wrongful death, which shall be commenced in accordance with
the notice of claim and time limitation provisions of  title  eleven  of
article nine of this chapter.
  S  58. Subdivision 2 of section 1918 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded on tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  59.  Subdivision 2 of section 1939-g of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded in tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the

S. 7641                            21

notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  60. Subdivision 2 of section 1966 of the public authorities law, as
added by chapter 759 of the laws of 1967, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a condition precedent to  the  commencement  of  an  action  or  special
proceeding  against  the  authority or an officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law shall govern the giving of such notice. No action shall be commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued.
  S 61. Section 1984 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1984. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the authority or any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law shall govern the giving of such notice. An action against
the authority for wrongful death shall be commenced in  accordance  with
the  notice  of  claim and time limitation provisions of title eleven of
article nine of this chapter.  EXCEPT IN AN ACTION FOR  WRONGFUL  DEATH,
AN  ACTION  AGAINST  THE  AUTHORITY  FOR DAMAGES FOR INJURIES TO REAL OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED  MORE  THAN
ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE
ACCRUED.
  S 62. Section 2032 of the public authorities law, as added by  chapter
745 of the laws of 1969, is amended to read as follows:
  S 2032. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the authority or any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the giving of such notice.   EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  63.  Subdivision 2 of section 2040-i of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded on tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by  and  in  compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  64.  Subdivision 2 of section 2046-i of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2. Except in an action for wrongful death, an action against the agen-
cy  founded on tort shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a

S. 7641                            22

notice of claim shall have been served on the  agency  within  the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action against the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 65. Subdivision b of section 2087 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  b. Except in an action for  wrongful  death,  an  action  against  the
authority  founded in tort shall not be commenced more than one year AND
NINETY DAYS after the cause of action therefor shall have  accrued,  nor
unless  a notice of claim shall have been served on the authority within
the time limited by, and in compliance  with  all  the  requirements  of
section  fifty-e  of  the  general  municipal law. An action against the
authority for wrongful death shall be commenced in accordance  with  the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 66. Subdivision 2 of section 2332 of the public authorities law,  as
added by chapter 915 of the laws of 1969, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the authority or an officer,  appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued.
  S  67. Section 2416 of the public authorities law, as added by chapter
612 of the laws of 1970, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2416. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special proceeding against the  agency  or  any  officer,  appointee  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such notice.
  Except in an action for wrongful death, no action shall  be  commenced
(a)  prior  to  the expiration of thirty days from the date on which the
demand, claim or claims upon which the action is founded were  presented
to a director of the agency or other officer thereof designated for such
purpose  nor  (b)  more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued. An action  against  the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 68. Section 2447 of the public authorities law, as added by  chapter
902 of the laws of 1972, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2447. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the  agency  or  any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal law shall govern the giving of such notice.
  Except  in  an action for wrongful death, no action shall be commenced
(a) prior to the expiration of thirty days from the date  on  which  the
demand,  claim or claims upon which the action is founded were presented
to a director of the agency or other officer thereof designated for such

S. 7641                            23

purpose nor (b) more than one year AND NINETY DAYS after  the  cause  of
action  therefor  shall  have  accrued. An action against the agency for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 69. Section 2570 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S  2570.  Actions.  A  notice  of claim, served in accordance with the
provisions of section fifty-e of the general municipal law, shall  be  a
condition  precedent to the commencement of an action against the corpo-
ration, its directors, officers, employees or  agents.  No  such  action
shall  be  commenced  more  than  one  year AND NINETY DAYS after it has
accrued, except that an action  against  the  corporation  for  wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  70. Subdivision 2 of section 2638 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the commission or an officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued, except an action against the commission for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  71. Subdivision 2 of section 376-a of the education law, as amended
by chapter 804 of the laws of 1990, is amended to read as follows:
  2. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 72. Subdivision 3 of section 467 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,

S. 7641                            24

together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 73. Subdivision 3 of section 491 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 74. Section 41.29 of the mental hygiene law, as amended  by  chapter
588  of the laws of 1973 and as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
S 41.29 Liability of local government.
  Any local government which has established a local  governmental  unit
shall  save  harmless  and protect the members of the board and officers
and employees of such unit from financial loss arising out of any claim,
demand, suit, or judgment by reason of alleged negligence or  other  act
resulting  in  accidental  bodily harm or injury to any person, provided
such board member, officer, or employee at the time of the  accident  or
injury was acting in the discharge of his duties within the scope of his
employment  under this article. No action shall be maintained under this
section against such a  local  government,  board  member,  officer,  or
employee  unless  a  notice  of claim shall have been made and served in
compliance with section fifty-e of the general municipal law.  EXCEPT IN
AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST SUCH A LOCAL GOVERNMENT,
BOARD MEMBER, OFFICER, OR EMPLOYEE FOR DAMAGES FOR INJURIES TO  REAL  OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES,  ALLEGED  TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR  SHALL  HAVE
ACCRUED.
  S 75. Subdivision 1 of section 667 of the private housing finance law,
as amended by chapter 804 of the laws of 1990 and as designated by chap-
ter 702 of the laws of 1992, is amended to read as follows:

S. 7641                            25

  1.  Except  in  an action for wrongful death, in any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the corporation,
any of its subsidiary corporations, or any officer, appointee or employ-
ee thereof, and the provisions of section fifty-e of the general munici-
pal  law  shall govern the giving of such notice. An action for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of  article  nine  of  the  public
authorities  law.   ANY OTHER ACTION AGAINST THE CORPORATION, ANY OF ITS
SUBSIDIARY CORPORATIONS, OR ANY OTHER  OFFICER,  APPOINTEE  OR  EMPLOYEE
THEREOF  FOR  DAMAGES  FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR
THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE  BEEN
SUSTAINED,  SHALL  NOT  BE  COMMENCED MORE THAN ONE YEAR AND NINETY DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S 76. Subdivision 3 of section 12 of section 1 of chapter 359  of  the
laws  of  1968, constituting the facilities development corporation act,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  3.  Except  in  an  action  for  wrongful death, an action against the
corporation for damages for injuries to real or  personal  property,  or
for  the  destruction thereof, or for personal injuries, alleged to have
been sustained, shall not be commenced more than  one  year  and  ninety
days after the cause of action therefor shall have accrued, nor unless a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have been filed with a member or officer of the corporation in the prin-
cipal  office  of the corporation within ninety days after such cause of
action shall have accrued] CLAIM SHALL HAVE BEEN SERVED  ON  THE  CORPO-
RATION  WITHIN  THE TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An  action
against the corporation for wrongful death shall be commenced in accord-
ance  with  the  notice of claim and time limitation provisions of title
eleven of article nine of the public authorities law.
  S 77. Subdivision a of section 19-152.2 of the administrative code  of
the  city of New York, as amended by local law number 104 of the city of
New York for the year 1993, is amended to read as follows:
  a. A claim against the department arising from the city's  performance
pursuant  to  section  19-152  of the code shall be initiated within one
year from the date of entry of a notice of account [by  filing]  IF  THE
CLAIMANT SHALL HAVE FILED a notice of claim with the office of the comp-
troller  of  the  city of New York WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION  FIFTY-E  OF  THE
GENERAL  MUNICIPAL  LAW.  The  claim forms shall be provided to property
owners upon request at no cost.
  S 78. Chapter 154 of the laws of 1921, relating to the port  authority
of  New  York  and New Jersey is amended by adding a new article XI-A to
read as follows:
                               ARTICLE XI-A
  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  EVERY
ACTION AGAINST THE AUTHORITY FOR DAMAGES OR INJURIES TO REAL OR PERSONAL
PROPERTY,  OR  FOR  THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR
WRONGFUL DEATH SHALL NOT BE COMMENCED UNLESS A  NOTICE  OF  CLAIM  SHALL
HAVE  BEEN  SERVED  ON  THE  AUTHORITY IN THE MANNER PROVIDED FOR IN THE

S. 7641                            26

STATE WHERE THE ACTION IS COMMENCED, AND IN COMPLIANCE WITH  THE  PERTI-
NENT  STATUTES  OF  THE  STATE  RELATING  GENERALLY TO ACTIONS COMMENCED
AGAINST THAT STATE AND IN COMPLIANCE WITH ALL THE  REQUIREMENTS  OF  THE
LAWS  OF  THAT  STATE.  WHERE  SUCH  STATE'S  LAW PERMITS SERVICE UPON A
DEPARTMENT OF THAT STATE IN LIEU OF  SERVICE  UPON  THE  PUBLIC  ENTITY,
SERVICE MAY BE MADE PURSUANT TO SUCH LAW. EXCEPT IN AN ACTION FOR WRONG-
FUL  DEATH AGAINST SUCH AN ENTITY, AN ACTION FOR DAMAGES OR FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR  SHALL  HAVE  ACCRUED  OR  WITHIN  THE  TIME  PERIOD  OTHERWISE
PRESCRIBED BY ANY SPECIAL PROVISION OF LAW OF THAT STATE,  WHICHEVER  IS
LONGER.
  S  79.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall  apply  to  all  actions  and
proceedings  accruing  on  or  after  such date; provided, however, that
section seventy-eight of this act shall take effect upon  the  enactment
into  law  by the state of New Jersey of legislation having an identical
effect as section seventy-eight of this act, but if  the  state  of  New
Jersey  shall  have enacted such legislation into law prior to the first
day of January next succeeding the date upon which this act  shall  have
become a law, section seventy-eight of this act shall take effect on the
one  hundred eightieth day from the date upon which it shall have become
a law; provided further, however, that the state  of  New  Jersey  shall
notify  the  legislative bill drafting commission upon the occurrence of
the enactment of the provisions provided for in this act in  order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effecting the provisions of section 44 of  the  legislative  law  and
section 70-b of the public officers law.

2011-S7641A - Details

Law Section:: General Municipal Law
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

2011-S7641A - Summary

2011-S7641A - Sponsor Memo

                                BILL NUMBER:S7641A

TITLE OF BILL:
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

PURPOSE OF BILL:
The purpose of this bill is to provide plaintiffs
with uniform, fair and statutorily consistent procedure for serving a
notice of claim of intention to commence a proceeding in the courts
of this state for damages suffered as an aggrieved party, and
similarly provide for a statutorily consistent statute of limitations

applicable to such actions.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of this legislation provides that this act shall be known as
the "Uniform Notice of Claim Act."

Section 2 amends the civil practice law and rules to state that all
notices of claim served on any entity entitled to such a notice as a
condition precedent to the commencement of an action, whether the
relevant statute is expressly amended by the bill or not, are subject
to the requirements of general municipal law 50-e. This section also
provides that the statute of limitations applicable to actions,
except wrongful death actions, against such entities shall be longer
of one year and ninety days or the time period specified in any other
provision of law.

Section 3 amends the civil practice law and rules to state that any
fee imposed by this act shall be a taxable disbursement.

Section 4 amends the general municipal law to allow notices of claim
against any public corporation to be served on the Secretary of State
at a location designated by the Secretary for that purpose, and
requires the Secretary of State to forward a copy to the entity named
in the notice of claim. Service of the notice of claim shall be
complete when served on the Secretary of State.

Section 5 amends the general municipal law to allow an error in naming
a public corporation in a notice of claim, if made in good faith, to
be the basis for a discretionary extension of the time to serve a


correct notice of claim, unless the proper public corporation
suffered substantial prejudice.

Section 6 amends the general municipal law to require entities
entitled to receive a notice of claim to file a certificate with the
Secretary of State that identifies the tame and address to which the
Secretary of State must transmit notices of claims. Failure of an
entity to file such a certificate will not invalidate any notice of
claim served on the Secretary of State. This section also provides
for a $250 filing fee for service of a notice of claim on the
Secretary of State, with the half of that fee to be retained by the
Secretary of State and the other half provided to the entity or
entities' named in the notice of claim.

Sections 7 through 78 amend the specific statutory provisions
governing entities entitled to a notice of claim as a condition
precedent to the commencement of an action. These amendments are
intended to provide unified procedures for filing a notice of claim,
and specifically provide that the time limits contained in general
municipal law 50-e are generally applicable, and amend relevant
statute of limitations to provide a minimum time limit of one year
and ninety clays to bring an action against a public corporation.

JUSTIFICATION:
The current statutes governing the filing of notices of
claim and commencing an action or proceeding against a public
corporation have become confusing and unfairly difficult for all
concerned, including the judiciary and the governmental entities
involved. Over the years, this legislature has granted state-created
governmental and quasi-governmental bodies the right to require that
notification of claims to be made against them were to be made by
requiring them to receive a notice of claim or other comparable
document as a condition precedent to commencement of an action or
proceeding. These various requirements in law have resulted in a
multiplicity of sometimes disparate and confusing procedural rules
and time limits.
Further, the number of entities entitled by law to such notification
has grown over the years to a large though uncertain number, and each
entity often has its own statutory entitlement to service within a
timeframe, at a certain place and in a manner not at all congruent
with one another. This existing patchwork of statutes governing
claims against government are neither consistent with one another,
nor are they all catalogued or contained in the same, similar or
readily locatable sections of the chaptered laws. The result is that
even the most diligent, conscientious and able potential claimant can
be misled in good faith by the lack of a uniform procedure for filing
notices of claim and bringing actions against governmental and
quasi-governmental entities.

In addition, costly, time-consuming and resource-wasting litigation
often ensues over arcane issues of notice of claim service and other
procedural quirks, unnecessarily burdening the courts as well as the
agencies involved, while at the same time undermining public
confidence in the reasonableness and rationality of New York's laws.
This bill will provide a uniform, fair and easily engaged method of
notice of claim service via the secretary of state in addition to
those methods of service already existing, and thus provide a degree


of uniformity to procedural rules governing actions against
governmental and quasi governmental entities.

This bill is not intended to limit, alter, eliminate or otherwise
nullify existing provisions of law relating to the service of a
notice of claim, but only as a means of providing an alternative
method for satisfying the condition precedent to the commencement of
an action or proceeding against a public corporation.

LEGISLATIVE HISTORY:
New bill, 2012.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
It is anticipated
that this bill will provide for a net revenue gain to localities and
to the State.

EFFECTIVE DATE:
This act shall take effect one hundred and eighty days
from the date upon which it shall have become a law and shall apply
to all actions and proceedings accruing on and after such date;
provided, however, that section 78 of this act shall take effect upon
the enactment into law by the state of New Jersey of legislation
having an identical effect with section 78 of this act, but if the
state of New Jersey shall have enacted such legislation into law
prior to the first day of January next succeeding the date upon which
this act shall have become a law, section 78 of this act shall take
effect one hundred and eighty days from the date upon which it shall
have become a law.

2011-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.

                                                           LBD16120-04-2

S. 7641--A                          2

AN  ACTION  FOR DAMAGES OR FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR
FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED  TO  HAVE
BEEN  SUSTAINED,  SHALL  NOT  BE COMMENCED MORE THAN ONE YEAR AND NINETY
DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED OR WITHIN THE
TIME PERIOD OTHERWISE PRESCRIBED BY ANY SPECIAL PROVISION OF LAW, WHICH-
EVER IS LONGER.  NOTHING HEREIN IS INTENDED TO AMEND THE COURT OF CLAIMS
ACT OR ANY PROVISION THEREOF.
  S  3.    Paragraph  12 of subdivision (a) of section 8301 of the civil
practice law and rules in renumbered paragraph 13 and a new paragraph 12
is added to read as follows:
  12. ANY FEE IMPOSED BY SECTION FIFTY-THREE OF  THE  GENERAL  MUNICIPAL
LAW; AND
  S  4.  Subdivision  3  of section 50-e of the general municipal law is
amended by adding a new paragraph (f) to read as follows:
  (F) SERVICE OF A NOTICE OF CLAIM ON THE SECRETARY OF STATE AS AGENT OF
ANY PUBLIC CORPORATION WHATSOEVER CREATED OR EXISTING BY VIRTUE  OF  THE
LAWS  OF THE STATE OF NEW YORK UPON WHOM SERVICE OF A NOTICE OF CLAIM IS
REQUIRED AS A  CONDITION  PRECEDENT  TO  BEING  SUED,  MAY  BE  MADE  BY
PERSONALLY  DELIVERING  TO  AND LEAVING WITH THE SECRETARY OF STATE OR A
DEPUTY, OR WITH ANY PERSON AUTHORIZED  BY  THE  SECRETARY  OF  STATE  TO
RECEIVE  SUCH  SERVICE,  AT ANY OFFICE OF THE DEPARTMENT OF STATE IN THE
CITY OF ALBANY OR AT ONE OF HIS OR HER  REGULARLY  ESTABLISHED  OFFICES,
DUPLICATE  COPIES  OF  SUCH NOTICE OF  CLAIM TOGETHER WITH THE STATUTORY
FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE ON  SUCH  PUBLIC
CORPORATION  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
THE SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF SUCH COPIES BY  CERTI-
FIED  MAIL, RETURN RECEIPT REQUESTED, TO SUCH PUBLIC CORPORATION, AT THE
POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,  SPECIFIED  FOR
THE PURPOSE.
  S  5.  Subdivision  5 of section 50-e of the general municipal law, as
amended by chapter 12 of the  laws  of  2010,  is  amended  to  read  as
follows:
  5. Application for leave to serve a late notice.
  Upon application, the court, in its discretion, may extend the time to
serve a notice of claim specified in paragraph (a) of subdivision one of
this section, WHETHER SUCH SERVICE WAS MADE UPON A PUBLIC CORPORATION OR
THE  SECRETARY OF STATE. The extension shall not exceed the time limited
for the commencement of an action by the  claimant  against  the  public
corporation.  In  determining  whether to grant the extension, the court
shall consider, in particular, whether the  public  corporation  or  its
attorney  or  its  insurance  carrier  acquired  actual knowledge of the
essential facts constituting the claim  within  the  time  specified  in
subdivision  one of this section or within a reasonable time thereafter.
The court shall also consider  all  other  relevant  facts  and  circum-
stances,  including:  whether the claimant was an infant, or mentally or
physically incapacitated, or died before the time limited for service of
the notice of claim; whether the  claimant  failed  to  serve  a  timely
notice  of  claim  by reason of his justifiable reliance upon settlement
representations made by  an  authorized  representative  of  the  public
corporation  or its insurance carrier; whether the claimant in serving a
notice of claim made an excusable error concerning the identity  of  the
public  corporation against which the claim should be asserted, PROVIDED
THAT AN ERROR MADE IN GOOD FAITH CONCERNING THE IDENTITY OF  THE  PUBLIC
CORPORATION  AGAINST WHOM THE CLAIM SHOULD HAVE BEEN ASSERTED MAY BE THE
BASIS FOR THE GRANTING OF AN EXTENSION OF  TIME  TO  SERVE  A  CORRECTED
NOTICE  OF  CLAIM  UPON  THE PROPER PUBLIC CORPORATION, UNLESS IT CAN BE

S. 7641--A                          3

DEMONSTRATED TO THE COURT THAT THE PROPER  PUBLIC  CORPORATION  SUFFERED
SUBSTANTIAL  PREJUDICE  IN THE INVESTIGATION OR DEFENSE OF THE CLAIM DUE
TO THE ERROR; if service of the notice of claim is  attempted  by  elec-
tronic  means  pursuant  to  paragraph  (e) of subdivision three of this
section, whether the delay in serving the notice of claim was based upon
the failure of the computer system of the city or the  claimant  or  the
attorney  representing  the claimant; that such claimant or attorney, as
the case may be, submitted evidence or proof as  is  reasonable  showing
that  (i) the submission of the claim was attempted to be electronically
made in a timely manner and would have been completed but for the  fail-
ure of the computer system utilized by the sender or recipient, and (ii)
that  upon  becoming  aware  of  both the failure of such system and the
failure of the city to receive such submission, the claimant or attorney
had insufficient time to make such claim within the permitted time peri-
od in a manner as otherwise prescribed by law; and whether the delay  in
serving  the  notice of claim substantially prejudiced the public corpo-
ration in maintaining its defense on the merits.
  An application for leave to serve a late notice shall not be denied on
the ground that it was made after commencement of an action against  the
public corporation.
  S  6.  The general municipal law is amended by adding a new section 53
to read as follows:
  S 53. ALTERNATIVE SERVICE OF NOTICE OF CLAIM  UPON  THE  SECRETARY  OF
STATE. 1. IN LIEU OF SERVING A NOTICE OF CLAIM UPON A PUBLIC CORPORATION
AS  PROVIDED  FOR  IN SECTION FIFTY-E OF THIS ARTICLE, A NOTICE OF CLAIM
SETTING FORTH THE SAME INFORMATION AS REQUIRED BY SUCH  SECTION  MAY  BE
SERVED  UPON THE SECRETARY OF STATE IN THE SAME MANNER AS IF SERVED WITH
THE PUBLIC CORPORATION. ALL  THE  REQUIREMENTS  RELATING  TO  THE  FORM,
CONTENT,  TIME  LIMITATIONS, EXCEPTIONS, EXTENSIONS AND ANY OTHER PROCE-
DURAL REQUIREMENTS IMPOSED IN SUCH SECTION WITH RESPECT TO A  NOTICE  OF
CLAIM  SERVED UPON A PUBLIC CORPORATION SHALL CORRESPONDINGLY APPLY TO A
NOTICE OF CLAIM SERVED UPON THE SECRETARY OF STATE AS PERMITTED BY  THIS
SECTION.  FOR  PURPOSES OF THIS ARTICLE, THE SECRETARY OF STATE SHALL BE
DEEMED TO BE THE AGENT FOR ALL PUBLIC CORPORATIONS UPON WHOM A NOTICE OF
CLAIM MAY BE SERVED PRIOR TO COMMENCEMENT OF ANY  ACTION  OR  PROCEEDING
SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
  2. THE SECRETARY OF STATE SHALL DESIGNATE AN OFFICE WITHIN THE DEPART-
MENT  OF  STATE  WHEREAT  PERSONS  ARE ENTITLED BY LAW TO TIMELY SERVE A
NOTICE OF CLAIM UPON THE SECRETARY OF STATE AS THE AGENT  FOR  A  PUBLIC
CORPORATION  AS  A  CONDITION  PRECEDENT TO COMMENCEMENT OF AN ACTION OR
PROCEEDING. ALL PUBLIC CORPORATIONS ENTITLED TO HAVE SERVED UPON THEM  A
NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR
PROCEEDING  SHALL,  NO  LATER THAN THIRTY DAYS AFTER THE DATE UPON WHICH
THIS SECTION SHALL TAKE EFFECT, FILE A CERTIFICATE WITH THE SECRETARY OF
STATE DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A NOTICE  OF
CLAIM  AND  SHALL  IN SUCH STATEMENT PROVIDE THE SECRETARY WITH THE NAME
AND ADDRESS OF AN OFFICER, PERSON, OR DESIGNEE, NOMINEE OR OTHER  AGENT-
IN-FACT  FOR  THE TRANSMITTAL OF NOTICES OF CLAIM SERVED UPON THE SECRE-
TARY AS THE  PUBLIC  CORPORATION'S  AGENT.  ANY  DESIGNATED  POST-OFFICE
ADDRESS  TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF THE NOTICE
OF CLAIM SERVED UPON HIM OR HER  AS  AGENT  SHALL  CONTINUE  TO  BE  THE
ADDRESS  TO  WHICH  SUCH NOTICES SHALL BE MAILED UNTIL THE PUBLIC CORPO-
RATION SENDS A NOTICE TO THE SECRETARY INFORMING HIM OR  HER  OF  A  NEW
ADDRESS  TO  WHICH SUCH NOTICES SHALL BE MAILED. THE INITIAL FILING WITH
THE SECRETARY OF STATE SHALL ALSO CONTAIN THE APPLICABLE TIME LIMIT  FOR
FILING  A  NOTICE  OF  CLAIM  UPON  THAT PUBLIC CORPORATION, OR IF LATER

S. 7641--A                          4

CHANGED BY STATUTE, A NEW FILING SHALL BE  MADE  DETAILING  THE  ALTERED
TIME LIMIT. ANY PUBLIC CORPORATION WHO DOES NOT HAVE A CURRENT AND TIME-
LY  STATUTORY DESIGNATION FILED WITH THE SECRETARY OF STATE SHALL NOT BE
ENTITLED  TO THE PORTION OF THE FEE TO WHICH IT WOULD OTHERWISE BE ENTI-
TLED PURSUANT TO SUBDIVISION FOUR OF  THIS  SECTION.    FAILURE  OF  THE
PUBLIC  CORPORATION  TO  SO  FILE  WITH  THE SECRETARY OF STATE WILL NOT
INVALIDATE ANY SERVICE OF A NOTICE OF CLAIM UPON THE PUBLIC  CORPORATION
WHICH HAS BEEN RECEIVED BY THE SECRETARY OF STATE.
  3. THE SECRETARY OF STATE IS HEREBY EMPOWERED TO ACCEPT PROPERLY TRAN-
SMITTED  NOTICES  OF  CLAIMS ON BEHALF OF A PUBLIC CORPORATION, WITH THE
SAME EFFECT AS IF SERVED DIRECTLY UPON A PUBLIC CORPORATION. THE  SECRE-
TARY  OF  STATE  SHALL  ACCEPT SUCH SERVICE UPON THE FOLLOWING TERMS AND
CONDITIONS:
  (A) THE SECRETARY OF STATE SHALL SET AND NOTIFY THE PUBLIC, ON HIS  OR
HER  WEBSITE,  AS TO REASONABLE TIMES, PLACES AND MANNER OF SERVICE UPON
HIM OR HER OF NOTICES OF CLAIMS;
  (B) UPON RECEIPT OF A NOTICE OF CLAIM, THE SECRETARY  OF  STATE  SHALL
ISSUE  A  RECEIPT  OR OTHER DOCUMENT ACKNOWLEDGING HIS OR HER RECEIPT OF
SUCH NOTICE, AND SUCH RECEIPT SHALL CONTAIN THE DATE AND TIME OF RECEIPT
OF THE NOTICE, AN IDENTIFYING NUMBER OR NAME PARTICULAR  TO  THE  NOTICE
RECEIVED,  AND THE LOGO OR SEAL OF THE DEPARTMENT OF STATE EMBOSSED UPON
IT. SUCH RECEIPT SHALL BE PRIMA  FACIE  EVIDENCE  OF  SERVICE  UPON  THE
SECRETARY OF STATE FOR ALL PURPOSES;
  (C) WITHIN TEN DAYS AFTER RECEIVING THE NOTICE OF CLAIM, THE SECRETARY
OF  STATE SHALL TRANSMIT AN ORIGINAL OR A COPY OF THE NOTICE OF CLAIM TO
THE PUBLIC CORPORATION NAMED IN THE NOTICE;
  (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER, WAIVE OR  OTHER-
WISE  ABROGATE  ANY  DEFENSE AVAILABLE TO A PUBLIC CORPORATION AS TO THE
NATURE, SUFFICIENCY, OR APPROPRIATENESS OF THE NOTICE OF  CLAIM  ITSELF,
OR  TO  ANY  CHALLENGES  TO THE TIMELINESS OF THE SERVICE OF A NOTICE OF
CLAIM.  TIMELY SERVICE UPON THE SECRETARY OF STATE SHALL BE DEEMED TIME-
LY SERVICE UPON THE PUBLIC CORPORATION FOR PURPOSES  OF  INSTITUTING  AN
ACTION OR PROCEEDING OR OTHER REQUIREMENT IMPOSED BY LAW.
  4.  THE SECRETARY OF STATE MAY IMPOSE A FEE UPON ANY PERSON WHO SERVES
A NOTICE OF CLAIM WITH THE DEPARTMENT. SUCH FEE  SHALL  NOT  EXCEED  TWO
HUNDRED  FIFTY  DOLLARS  FOR EACH SUCH NOTICE FILED. ONE-HALF OF THE FEE
IMPOSED SHALL BE RETAINED BY THE SECRETARY OF STATE AS PAYMENT  FOR  ITS
SERVICES  PROVIDED  IN  ACCORDANCE  WITH  THIS  SECTION.  THE  REMAINING
ONE-HALF OF SUCH FEE SHALL BE FORWARDED TO THE PUBLIC CORPORATION  NAMED
IN  THE  NOTICE OF CLAIM PROVIDED, HOWEVER, IF MORE THAN ONE SUCH PUBLIC
CORPORATION IS NAMED, EACH NAMED PUBLIC CORPORATION SHALL BE ENTITLED TO
AN EQUAL PERCENTAGE OF THE ONE-HALF AMOUNT.
  5. THE SECRETARY OF STATE SHALL WITHIN SIXTY DAYS AFTER THE  EFFECTIVE
DATE  OF  THIS  SECTION  POST  ON THE DEPARTMENTAL WEBSITE A LIST OF ANY
PUBLIC CORPORATION,  INCLUDING  ANY  PUBLIC  AUTHORITY,  PUBLIC  BENEFIT
CORPORATION OR ANY OTHER ENTITY ENTITLED TO RECEIVE A NOTICE OF CLAIM AS
A  CONDITION  PRECEDENT  TO COMMENCEMENT OF AN ACTION OR PROCEEDING, AND
THAT HAS FILED, PURSUANT TO THIS SECTION, A CERTIFICATE WITH THE  SECRE-
TARY  OF  STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A
NOTICE OF CLAIM. THE LIST SHOULD IDENTIFY THE ENTITY, THE ADDRESS OF THE
PUBLIC CORPORATION TO WHICH THE NOTICE OF CLAIM SHALL  BE  FORWARDED  BY
THE SECRETARY OF STATE, AND ANY STATUTORY PROVISIONS UNIQUELY PERTAINING
TO SUCH PUBLIC CORPORATION AND THE COMMENCEMENT OF AN ACTION OR PROCEED-
ING AGAINST IT.

S. 7641--A                          5

  S  7.  Subdivision  2  of section 880 of the general municipal law, as
added by chapter 1030 of the  laws  of  1969,  is  amended  to  read  as
follows:
  (2)  In  a case founded upon tort, a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding against the agency or an officer, appointee or employee ther-
eof,  and  the  provisions  of section fifty-e of [the general municipal
law] THIS CHAPTER shall govern the giving  of  such  notice.  No  action
shall be commenced more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued.
  S  8.  Paragraph  (viii)  of  subdivision  (b) of section 970-n of the
general municipal law, as added by chapter 916 of the laws of  1984  and
such  section  as  renumbered  by  chapter  686  of the laws of 1986, is
amended to read as follows:
  (viii) No action or  proceeding  shall  be  prosecuted  or  maintained
against  an  authority for personal injury or damage to real or personal
property alleged to have been sustained by reason of the  negligence  or
wrongful  act of the authority or any member, officer, agent or employee
thereof, unless (1) notice of claim shall have been made and served upon
the authority OR THE SECRETARY OF STATE within  the  time  limit  ESTAB-
LISHED by and in compliance with section fifty-e of [the general munici-
pal  law]  THIS  CHAPTER, (2) it shall appear by and as an allegation in
the complaint or moving papers that at least thirty  days  have  elapsed
since  the  service  of  such  notice and that the adjustment or payment
thereof has been neglected or refused, and (3) the action or  proceeding
shall  be commenced within one year AND NINETY DAYS after the [happening
of the event upon which the claim is based] CAUSE OF ACTION  SHALL  HAVE
ACCRUED.
  S  9.  Paragraph (d) of subdivision 2 of article IV of section 21-1701
of the environmental conservation law is amended to read as follows:
  (d) The foregoing consent is granted upon the condition that any suit,
action  or  proceeding  prosecuted  or  maintained  hereunder  shall  be
commenced  within  one  year  AND  NINETY DAYS after the cause of action
therefor shall have accrued, and upon the further condition that in  the
case  of  any  suit, action or proceeding for the recovery or payment of
money, prosecuted or maintained hereunder, a notice of claim shall  have
been  served  upon  the  Commission  by or on behalf of the plaintiff or
plaintiffs [at least sixty days before such suit, action  or  proceeding
is  commenced]  WITHIN  THE  TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE
WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.   The  provisions  of
this subparagraph shall not apply to claims arising out of provisions of
any workmen's compensation law of any of the signatory States.
  S  10.  Subdivision 2 of section 540 of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. [An] EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN action against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages were incurred  or  sustained,  together  with  a
verified  statement  showing in detail the property alleged to have been
damaged or destroyed and the value thereof,  or  the  personal  injuries
alleged to have been sustained and by whom,] CLAIM shall have been filed
[in  the principal office of the authority within ninety days after such

S. 7641--A                          6

cause of action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY
AND IN COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.
  S 11. Subdivision 2 of section 569-a of the public authorities law, as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained  and  by  whom,]  CLAIM
shall  have been filed [with the secretary of the authority in the prin-
cipal office of the authority within six  months  after  such  cause  of
action  shall  have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY AND IN
COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An  action
against  the  authority for wrongful death shall be commenced in accord-
ance with the notice of claim and time limitation  provisions  of  title
eleven of article nine of this chapter.
  S 12. Subdivision 2 of section 666-b of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries,  alleged  to  have been sustained shall not be commenced more than
one year and ninety days after the cause of action therefor  shall  have
accrued,  nor  unless a notice of [intention to commence such action and
of the time when and place where the damages were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed in the principal office of the authority within  ninety  days
after  such  cause  of  action shall have accrued] CLAIM SHALL HAVE BEEN
SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT  ESTABLISHED  BY,  AND  IN
COMPLIANCE  WITH  ALL  REQUIREMENTS  OF  SECTION  FIFTY-E OF THE GENERAL
MUNICIPAL LAW.
  S 13. Subdivision 2 of section 735 of the public authorities  law,  as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries,  alleged  to  have been sustained shall not be commenced more than
one year and ninety days after the cause of action therefor  shall  have
accrued,  nor  unless a notice of [intention to commence such action and
of the time when and place where the damages were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed in the principal office of the authority within  ninety  days
after  such  cause  of  action shall have accrued] CLAIM SHALL HAVE BEEN
SERVED WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH  ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.
  S  14.  Subdivision 1 of section 889 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:

S. 7641--A                          7

  1. In any case founded upon a tort a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority and the provisions of  section  fifty-e
of  the  general  municipal  law  shall apply.   EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S 15. Subdivision 1 of section 1017 of the public authorities law,  as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  1. In any action founded upon tort a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any  officer,  appointee,  agent  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving  of  such  notice.  EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 16. Subdivision 1 of section 1020-u of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  1. In any action founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the  authority  or any officer, appointee, agent or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the  giving  of such notice. EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  17.  Subdivision 3 of section 1021-m of the public authorities law,
as added by chapter 533 of the laws of  2010,  is  amended  to  read  as
follows:
  3.  An action against the authority founded on tort shall be commenced
in compliance with all the requirements of section fifty-e of the gener-
al municipal law, except that an action against the authority for wrong-
ful death shall be commenced in accordance with the provisions of  title
eleven of article nine of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL
DEATH,  AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL
OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF,  OR  FOR  PERSONAL
INJURIES,  ALLEGED  TO  HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE
THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION  THEREFOR  SHALL
HAVE ACCRUED.
  S  18.  Subdivision 1 of section 1048-v of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against the  authority  or  the  water
board for personal injury or damage to real or personal property alleged
to  have  been  sustained by reason of the negligence or wrongful act of
the authority or the board or of any member, officer, agent or  employee
thereof,  unless  (i)  a notice of claim shall have been made and served

S. 7641--A                          8

upon the authority or the water board, as the case may  be,  within  the
time  limit  by  and  in  compliance with section fifty-e of the general
municipal law, (ii) it shall appear by  and  as  an  allegation  in  the
complaint  or moving papers that at least thirty days have elapsed since
the service of such notice and that adjustment or  payment  thereof  has
been  neglected  or refused, and (iii) the action or proceeding shall be
commenced within one year AND NINETY DAYS after  the  happening  of  the
event  upon which the claim is based. An action against the authority or
water board for wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  19. Subdivision 1 of section 1067 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the  authority  or any officer, appointee, agent or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the giving of such notice.   EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  20. Subdivision 1 of section 1089 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  21. Subdivision 1 of section 1109 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  22.  Subdivision 1 of section 1115-u of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against the  authority  or  the  water
board for personal injury or damage to real or personal property alleged

S. 7641--A                          9

to  have  been  sustained by reason of the negligence or wrongful act of
the authority or the water board or of any  member,  officer,  agent  or
employee  thereof, unless (a) a notice of claim shall have been made and
served upon the authority or the water board, as the case may be, within
the  time limit by and in compliance with section fifty-e of the general
municipal law, (b) it shall appear  by  and  as  an  allegation  in  the
complaint  or moving papers that at least thirty 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 proceeding shall be
commenced within one year AND NINETY DAYS after  the  happening  of  the
event  upon which the claim is based. An action against the authority or
water board for wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  23. Subdivision 1 of section 1169 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  24.  Subdivision 1 of section 1174-o of the public authorities law,
as added by chapter 491 of the laws of  1991,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers  that at least thirty 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 proceeding shall be commenced within one year AND
NINETY DAYS after the [happening of the event upon which  the  claim  is
based] CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  25.  Subdivision 1 of section 1197-n of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against  the  authority  for  personal
injury  or  damage  to  real  or  personal property alleged to have been
sustained by reason of the negligence or wrongful act of  the  authority
or any member, officer, agent or employee thereof, unless:
  (a) a notice of claim shall have been made and served upon the author-
ity  within  the time limit by and in compliance with section fifty-e of
the general municipal law,

S. 7641--A                         10

  (b) it shall appear by and as an allegation in the complaint or moving
papers that at least thirty days have elapsed since the service of  such
notice  and  that  adjustment  or  payment thereof has been neglected or
refused,
  (c)  the  action  or proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based, and
  (d)  An  action  against  the  authority  for  wrongful death shall be
commenced in accordance with the notice of  claim  and  time  limitation
provisions of title eleven of article nine of this chapter.
  S  26.  Subdivision 1 of section 1198-o of the public authorities law,
as added by chapter 868 of the laws of  1990,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers  that at least thirty 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 proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based.
  S  27. Subdivision 2 of section 1276 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  28. Subdivision 2 of section 1297 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. An action against the corporation founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of  claim  shall  have been served on the corporation within the
time limited by and in compliance with all the requirements  of  section
fifty-e  of the general municipal law. An action against the corporation
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 29. Subdivision 2 of section 1299-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:

S. 7641--A                         11

  2. An action against the authority founded on tort, except  an  action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of claim shall have been served on the authority within the time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  30. Subdivision 2 of section 1299-rr of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  31. Subdivision 2 of section 1317 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  32. Subdivision 2 of section 1342 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  33. Section 1372 of the public authorities law, as amended by chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1372. Actions against authority. In any case founded  upon  a  tort,
except an action for wrongful death, a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority and the provisions of  section  fifty-e
of the general municipal law shall apply. An action against the authori-
ty  for  wrongful death shall be commenced in accordance with the notice
of claim and time limitation provisions of title eleven of article  nine
of  this  chapter.    EXCEPT  IN AN ACTION FOR WRONGFUL DEATH, AN ACTION
AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROP-

S. 7641--A                         12

ERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES,  ALLEGED
TO  HAVE  BEEN  SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND
NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  34. Section 1397 of the public authorities law, as added by chapter
647 of the laws of 1958, is amended to read as follows:
  S 1397. Actions against authority. In any case founded upon a  tort  a
notice  of  claim  shall  be  required  as  a condition precedent to the
commencement of an action or special proceeding  against  the  authority
and the provisions of section fifty-e of the general municipal law shall
apply.  EXCEPT  IN  AN  ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE
AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR  FOR
THE  DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  35. Subdivision 2 of section 1416 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 36. Subdivision 2 of section 1420-r of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.

S. 7641--A                         13

  S 37. Subdivision 2 of section 1421-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 38. Subdivision 2 of section 1425-q of the public  authorities  law,
as  added  by  chapter  617  of  the laws of 1972, is amended to read as
follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries or death, alleged to have been sustained, shall  not  be  commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued, nor unless a notice of [intention to  commence  such
action  and  of  the  time  when and place where the damages or personal
injuries or death were incurred or sustained, together with  a  verified
statement showing in detail the property alleged to have been damaged or
destroyed  and  the  value  thereof, or the personal injuries alleged to
have been sustained and by whom, shall have been filed with  the  secre-
tary  of  the  authority in the principal office of the authority within
six months after such cause of action shall have  accrued]  CLAIM  SHALL
HAVE  BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S 39. Subdivision 2 of section 1440 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION

S. 7641--A                         14

FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  40. Subdivision 2 of section 1466 of the public authorities law, as
added by chapter 637 of the laws of 1948 and such section as  renumbered
by chapter 914 of the laws of 1957, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries  or  death,  alleged to have been sustained, shall not be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall  have  accrued, nor unless a notice of [intention to commence such
action and of the time when and place  where  the  damages  or  personal
injuries  or  death were incurred or sustained, together with a verified
statement showing in detail the property alleged to have been damaged or
destroyed and the value thereof, or the  personal  injuries  alleged  to
have  been  sustained and by whom, shall have been filed with the secre-
tary of the authority in the principal office of  the  authority  within
six  months  after  such cause of action shall have accrued] CLAIM SHALL
HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED  BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S  41.  Subdivision 2 of section 1470-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  42.  Subdivision 2 of section 1493-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have

S. 7641--A                         15

been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 43. Subdivision 2 of section 1516 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  44. Subdivision 2 of section 1541 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  45.  Subdivision 2 of section 1585-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been

S. 7641--A                         16

sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place  where  damages  or  personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 46. Subdivision 2 of section 1590-q of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 47. Subdivision 2 of section 1595-q of the public  authorities  law,
as  added  by  chapter  1024  of the laws of 1968, is amended to read as
follows:
  2. An action against the authority for damages, for injuries  to  real
or  personal  property,  or for the destruction thereof, or for personal
injuries or  death,  alleged  to  have  been  sustained,  shall  not  be
commenced  more  than one year AND NINETY DAYS after the cause of action
therefor shall have accrued,  nor  unless  a  notice  of  [intention  to
commence such action and of the time when and place where the damages or
personal  injuries  or death were incurred or sustained, together with a
verified statement showing in detail the property alleged to  have  been
damaged  or  destroyed  and  the value thereof, or the personal injuries
alleged to have been sustained and by whom, shall have been  filed  with
the  secretary of the authority in the principal office of the authority
within six months after such cause of action shall have  accrued]  CLAIM
SHALL  HAVE  BEEN  SERVED  ON THE AUTHORITY WITHIN THE TIME LIMIT ESTAB-
LISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E  OF
THE GENERAL MUNICIPAL LAW.

S. 7641--A                         17

  S  48.  Subdivision 2 of section 1596-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 49. Subdivision 2 of section 1597-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  50.  Subdivision 2 of section 1598-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office

S. 7641--A                         18

of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 51. Subdivision (b) of section 1599-qq  of  the  public  authorities
law,  as  amended by chapter 804 of the laws of 1990, is amended to read
as follows:
  (b) Except in an action for wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 52. Subdivision 2 of section 1599-qqqq  of  the  public  authorities
law,  as  amended by chapter 804 of the laws of 1990, is amended to read
as follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  53. Subdivision 2 of section 1600-qq of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS

S. 7641--A                         19

after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  54. Subdivision 2 of section 1617 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  55.  Subdivision 2 of section 1621-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.

S. 7641--A                         20

  S  56.  Subdivision 2 of section 1622-q of the public authorities law,
as added by chapter 489 of the laws of  1991,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 57. Subdivision 2 of section 1777 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for wrongful death, in a case  founded  upon  a
tort,  a  notice  of claim shall be required as a condition precedent to
the commencement of an action or special proceeding against the authori-
ty or an officer, appointee or employee thereof, and the  provisions  of
section  fifty-e of the general municipal law shall govern the giving of
such notice. No action shall be commenced more than one year AND  NINETY
DAYS after the cause of action therefor shall have accrued, except in an
action  for  wrongful death, which shall be commenced in accordance with
the notice of claim and time limitation provisions of  title  eleven  of
article nine of this chapter.
  S  58. Subdivision 2 of section 1918 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded on tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  59.  Subdivision 2 of section 1939-g of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded in tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the

S. 7641--A                         21

notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  60. Subdivision 2 of section 1966 of the public authorities law, as
added by chapter 759 of the laws of 1967, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a condition precedent to  the  commencement  of  an  action  or  special
proceeding  against  the  authority or an officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law shall govern the giving of such notice. No action shall be commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued.
  S 61. Section 1984 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1984. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the authority or any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law shall govern the giving of such notice. An action against
the authority for wrongful death shall be commenced in  accordance  with
the  notice  of  claim and time limitation provisions of title eleven of
article nine of this chapter.  EXCEPT IN AN ACTION FOR  WRONGFUL  DEATH,
AN  ACTION  AGAINST  THE  AUTHORITY  FOR DAMAGES FOR INJURIES TO REAL OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED  MORE  THAN
ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE
ACCRUED.
  S 62. Section 2032 of the public authorities law, as added by  chapter
745 of the laws of 1969, is amended to read as follows:
  S 2032. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the authority or any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the giving of such notice.   EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  63.  Subdivision 2 of section 2040-i of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority founded on tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by  and  in  compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  64.  Subdivision 2 of section 2046-i of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2. Except in an action for wrongful death, an action against the agen-
cy  founded on tort shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a

S. 7641--A                         22

notice of claim shall have been served on the  agency  within  the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action against the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 65. Subdivision b of section 2087 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  b. Except in an action for  wrongful  death,  an  action  against  the
authority  founded in tort shall not be commenced more than one year AND
NINETY DAYS after the cause of action therefor shall have  accrued,  nor
unless  a notice of claim shall have been served on the authority within
the time limited by, and in compliance  with  all  the  requirements  of
section  fifty-e  of  the  general  municipal law. An action against the
authority for wrongful death shall be commenced in accordance  with  the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 66. Subdivision 2 of section 2332 of the public authorities law,  as
added by chapter 915 of the laws of 1969, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the authority or an officer,  appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued.
  S  67. Section 2416 of the public authorities law, as added by chapter
612 of the laws of 1970, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2416. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special proceeding against the  agency  or  any  officer,  appointee  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such notice.
  Except in an action for wrongful death, no action shall  be  commenced
(a)  prior  to  the expiration of thirty days from the date on which the
demand, claim or claims upon which the action is founded were  presented
to a director of the agency or other officer thereof designated for such
purpose  nor  (b)  more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued. An action  against  the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 68. Section 2447 of the public authorities law, as added by  chapter
902 of the laws of 1972, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2447. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the  agency  or  any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal law shall govern the giving of such notice.
  Except  in  an action for wrongful death, no action shall be commenced
(a) prior to the expiration of thirty days from the date  on  which  the
demand,  claim or claims upon which the action is founded were presented
to a director of the agency or other officer thereof designated for such

S. 7641--A                         23

purpose nor (b) more than one year AND NINETY DAYS after  the  cause  of
action  therefor  shall  have  accrued. An action against the agency for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.
  S 69. Section 2570 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S  2570.  Actions.  A  notice  of claim, served in accordance with the
provisions of section fifty-e of the general municipal law, shall  be  a
condition  precedent to the commencement of an action against the corpo-
ration, its directors, officers, employees or  agents.  No  such  action
shall  be  commenced  more  than  one  year AND NINETY DAYS after it has
accrued, except that an action  against  the  corporation  for  wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  70. Subdivision 2 of section 2638 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the commission or an officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued, except an action against the commission for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  71. Subdivision 2 of section 376-a of the education law, as amended
by chapter 804 of the laws of 1990, is amended to read as follows:
  2. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 72. Subdivision 3 of section 467 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,

S. 7641--A                         24

together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 73. Subdivision 3 of section 491 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 74. Section 41.29 of the mental hygiene law, as amended  by  chapter
588  of the laws of 1973 and as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
S 41.29 Liability of local government.
  Any local government which has established a local  governmental  unit
shall  save  harmless  and protect the members of the board and officers
and employees of such unit from financial loss arising out of any claim,
demand, suit, or judgment by reason of alleged negligence or  other  act
resulting  in  accidental  bodily harm or injury to any person, provided
such board member, officer, or employee at the time of the  accident  or
injury was acting in the discharge of his duties within the scope of his
employment  under this article. No action shall be maintained under this
section against such a  local  government,  board  member,  officer,  or
employee  unless  a  notice  of claim shall have been made and served in
compliance with section fifty-e of the general municipal law.  EXCEPT IN
AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST SUCH A LOCAL GOVERNMENT,
BOARD MEMBER, OFFICER, OR EMPLOYEE FOR DAMAGES FOR INJURIES TO  REAL  OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES,  ALLEGED  TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR  SHALL  HAVE
ACCRUED.
  S 75. Subdivision 1 of section 667 of the private housing finance law,
as amended by chapter 804 of the laws of 1990 and as designated by chap-
ter 702 of the laws of 1992, is amended to read as follows:

S. 7641--A                         25

  1.  Except  in  an action for wrongful death, in any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the corporation,
any of its subsidiary corporations, or any officer, appointee or employ-
ee thereof, and the provisions of section fifty-e of the general munici-
pal  law  shall govern the giving of such notice. An action for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of  article  nine  of  the  public
authorities  law.   ANY OTHER ACTION AGAINST THE CORPORATION, ANY OF ITS
SUBSIDIARY CORPORATIONS, OR ANY OTHER  OFFICER,  APPOINTEE  OR  EMPLOYEE
THEREOF  FOR  DAMAGES  FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR
THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE  BEEN
SUSTAINED,  SHALL  NOT  BE  COMMENCED MORE THAN ONE YEAR AND NINETY DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S 76. Subdivision 3 of section 12 of section 1 of chapter 359  of  the
laws  of  1968, constituting the facilities development corporation act,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  3.  Except  in  an  action  for  wrongful death, an action against the
corporation for damages for injuries to real or  personal  property,  or
for  the  destruction thereof, or for personal injuries, alleged to have
been sustained, shall not be commenced more than  one  year  and  ninety
days after the cause of action therefor shall have accrued, nor unless a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have been filed with a member or officer of the corporation in the prin-
cipal  office  of the corporation within ninety days after such cause of
action shall have accrued] CLAIM SHALL HAVE BEEN SERVED  ON  THE  CORPO-
RATION  WITHIN  THE TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An  action
against the corporation for wrongful death shall be commenced in accord-
ance  with  the  notice of claim and time limitation provisions of title
eleven of article nine of the public authorities law.
  S 77. Subdivision a of section 19-152.2 of the administrative code  of
the  city of New York, as amended by local law number 104 of the city of
New York for the year 1993, is amended to read as follows:
  a. A claim against the department arising from the city's  performance
pursuant  to  section  19-152  of the code shall be initiated within one
year from the date of entry of a notice of account [by  filing]  IF  THE
CLAIMANT SHALL HAVE FILED a notice of claim with the office of the comp-
troller  of  the  city of New York WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION  FIFTY-E  OF  THE
GENERAL  MUNICIPAL  LAW.  The  claim forms shall be provided to property
owners upon request at no cost.
  S 78. Chapter 154 of the laws of 1921, relating to the port  authority
of  New  York  and New Jersey is amended by adding a new article XI-A to
read as follows:
                               ARTICLE XI-A
  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  EVERY
ACTION AGAINST THE AUTHORITY FOR DAMAGES OR INJURIES TO REAL OR PERSONAL
PROPERTY,  OR  FOR  THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR
WRONGFUL DEATH SHALL NOT BE COMMENCED UNLESS A  NOTICE  OF  CLAIM  SHALL
HAVE  BEEN  SERVED  ON  THE  AUTHORITY IN THE MANNER PROVIDED FOR IN THE

S. 7641--A                         26

STATE WHERE THE ACTION IS COMMENCED, AND IN COMPLIANCE WITH  THE  PERTI-
NENT  STATUTES  OF  THE  STATE  RELATING  GENERALLY TO ACTIONS COMMENCED
AGAINST THAT STATE AND IN COMPLIANCE WITH ALL THE  REQUIREMENTS  OF  THE
LAWS  OF  THAT  STATE.  WHERE  SUCH  STATE'S  LAW PERMITS SERVICE UPON A
DEPARTMENT OF THAT STATE IN LIEU OF  SERVICE  UPON  THE  PUBLIC  ENTITY,
SERVICE MAY BE MADE PURSUANT TO SUCH LAW. EXCEPT IN AN ACTION FOR WRONG-
FUL  DEATH AGAINST SUCH AN ENTITY, AN ACTION FOR DAMAGES OR FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR  SHALL  HAVE  ACCRUED  OR  WITHIN  THE  TIME  PERIOD  OTHERWISE
PRESCRIBED BY ANY SPECIAL PROVISION OF LAW OF THAT STATE,  WHICHEVER  IS
LONGER.
  S  79.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall  apply  to  all  actions  and
proceedings  accruing  on  or  after  such date; provided, however, that
section seventy-eight of this act shall take effect upon  the  enactment
into  law  by the state of New Jersey of legislation having an identical
effect as section seventy-eight of this act, but if  the  state  of  New
Jersey  shall  have enacted such legislation into law prior to the first
day of January next succeeding the date upon which this act  shall  have
become a law, section seventy-eight of this act shall take effect on the
one  hundred eightieth day from the date upon which it shall have become
a law; provided further, however, that the state  of  New  Jersey  shall
notify  the  legislative bill drafting commission upon the occurrence of
the enactment of the provisions provided for in this act in  order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effecting the provisions of section 44 of  the  legislative  law  and
section 70-b of the public officers law.

2011-S7641B (ACTIVE) - Details

Law Section:: General Municipal Law
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

2011-S7641B (ACTIVE) - Summary

2011-S7641B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7641B

TITLE OF BILL:
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

PURPOSE OF BILL:
The purpose of this bill is to provide plaintiffs with uniform, fair
and statutorily consistent procedure for serving a notice of claim of
intention to commence a proceeding in the courts of this state for
damages suffered as an aggrieved party, and similarly provide for a
statutorily consistent statute of limitations applicable to such
actions.

SUMMARY OF PROVISIONS OF BILL:
Section 1 of this legislation provides that this act shall be known as
the "Uniform Notice of Claim Act."

Section 2 amends the civil practice law and rules to state that all
notices of claim served on any entity entitled to such a notice as a
condition precedent to the commencement of an action, whether the
relevant statute is expressly amended by the bill or not, are subject
to the requirements of general municipal law 50-e. This section also
provides that the statute of limitations applicable to actions, except
wrongful death actions, against such entities shall be longer of one
year and ninety days or the time period specified in any other
provision of law.

Section 3 amends the civil practice law and rules to state that any
fee imposed by this act shall be a taxable disbursement.

Section 4 amends the general municipal law to allow notices of claim
against any public corporation to be served on the Secretary of State
at a location designated by the Secretary for that purpose, and
requires the Secretary of State to forward a copy to the entity named
in the notice of claim, Service of the notice of claim shall be
complete when served on the Secretary of State.

Section 5 amends the general municipal law to allow court discretion
for service upon either a public corporation or the secretary of
state.

Section 6 amends the general municipal law to require entities
entitled to receive a notice of claim to file a certificate with the
Secretary of State that identifies the tame and address to which the
Secretary of State must transmit notices of claims. Failure of an
entity to file such a certificate will not invalidate any notice of
claim served on the Secretary of State. This section also provides for


a $250 filing fee for service of a notice of claim on the Secretary of
State, with the half of that fee to be retained by the Secretary of
State and the other half provided to the entity or entities named in
the notice of claim.

Sections 7 through 78 amend the specific statutory provisions
governing entities entitled to a notice of claim as a condition
precedent to the commencement of an action. These amendments are
intended to provide unified procedures for filing a notice of claim,
and specifically provide that the time limits contained in general
municipal law 50-e are generally applicable, and amend relevant
statute of limitations to provide a minimum time limit of one year and
ninety clays to bring an action against a public corporation.

JUSTIFICATION:
The current statutes governing the filing of notices of claim and
commencing an action or proceeding against a public corporation have
become confusing and unfairly difficult for all concerned, including
the judiciary and the governmental entities involved. Over the years,
this legislature has granted state-created governmental and
quasi-governmental bodies the right to require that notification of
claims to be made against them were to be made by requiring them to
receive a notice of claim or other comparable document as a condition
precedent to commencement of an action or proceeding. These various
requirements in law have resulted in a multiplicity of sometimes
disparate and confusing procedural rules and time limits. Further, the
number of entities entitled by law to such notification has grown over
the years to a large though uncertain number, and each entity often
has its own statutory entitlement to service within a timeframe, at a
certain place and in a manner not at all congruent with one another.
This existing patchwork of statutes governing claims against
government are neither consistent with one another, nor are they all
catalogued or contained in the same, similar or readily locatable
sections of the chaptered laws.  The result is that even the most
diligent, conscientious and able potential claimant can be misled in
good faith by the lack of a uniform procedure for filing notices of
claim and bringing actions against governmental and quasi-
governmental entities.

In addition, costly, time-consuming and resource-wasting litigation
often ensues over arcane issues of notice of claim service and other
procedural quirks, unnecessarily burdening the courts as well as the
agencies involved, while at the same time undermining public
confidence in the reasonableness and rationality of New York's laws.
This bill will provide a uniform, fair and easily engaged method of
notice of claim service via the secretary of state in addition to
those methods of service already existing, and thus provide a degree
of uniformity to procedural rules governing actions against
governmental and quasi- governmental entities.

This bill is not intended to limit, alter, eliminate or otherwise
nullify existing provisions of law relating to the service of a notice
of claim, but only as a means of providing an alternative method for
satisfying the condition precedent to the commencement of an action or
proceeding against a public corporation.

LEGISLATIVE HISTORY:


This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
It is anticipated that this bill will provide for a net revenue gain
to localities and to the State.

EFFECTIVE DATE:
This act shall take effect one hundred and eighty days from the date
upon which it shall have become a law and shall apply to all actions
and proceedings accruing on and after such date; provided, however,
that section 78 of this act shall take effect upon the enactment into
law by the state of New Jersey of legislation having an identical
effect with section 78 of this act, but if the state of New Jersey
shall have enacted such legislation into law prior to the first day of
January next succeeding the date upon which this act shall have become
a law, section 78 of this act shall take effect one hundred and eighty
days from the date upon which it shall have become a law.

2011-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.

                                                           LBD16120-07-2

S. 7641--B                          2

PAL  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  DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE
BEEN  SUSTAINED,  SHALL  NOT  BE COMMENCED MORE THAN ONE YEAR AND NINETY
DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED OR WITHIN THE
TIME PERIOD OTHERWISE PRESCRIBED BY ANY SPECIAL PROVISION OF LAW, WHICH-
EVER IS LONGER.  NOTHING HEREIN IS INTENDED TO AMEND THE COURT OF CLAIMS
ACT OR ANY PROVISION THEREOF.
  S 3.  Paragraph 12 of subdivision (a) of section  8301  of  the  civil
practice law and rules is renumbered paragraph 13 and a new paragraph 12
is added to read as follows:
  12.  ANY  FEE  IMPOSED BY SECTION FIFTY-THREE OF THE GENERAL MUNICIPAL
LAW; AND
  S 4. Subdivision 3 of section 50-e of the  general  municipal  law  is
amended by adding a new paragraph (f) to read as follows:
  (F) SERVICE OF A NOTICE OF CLAIM ON THE SECRETARY OF STATE AS AGENT OF
ANY  PUBLIC  CORPORATION WHATSOEVER CREATED OR EXISTING BY VIRTUE OF THE
LAWS OF THE STATE OF NEW YORK UPON WHOM SERVICE OF A NOTICE OF CLAIM  IS
REQUIRED  AS  A  CONDITION  PRECEDENT  TO  BEING  SUED,  MAY  BE MADE BY
PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
DEPUTY,  OR  WITH  ANY  PERSON  AUTHORIZED  BY THE SECRETARY OF STATE TO
RECEIVE SUCH SERVICE, AT ANY OFFICE OF THE DEPARTMENT OF  STATE  IN  THE
CITY  OF  ALBANY  OR AT ONE OF HIS OR HER REGULARLY ESTABLISHED OFFICES,
DUPLICATE COPIES OF SUCH NOTICE OF   CLAIM TOGETHER WITH  THE  STATUTORY
FEE,  WHICH  FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE ON SUCH PUBLIC
CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO  SERVED.
THE  SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF SUCH COPIES BY CERTI-
FIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH PUBLIC CORPORATION, AT  THE
POST  OFFICE  ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR
THE PURPOSE.
  S 5. Subdivision 5 of section 50-e of the general  municipal  law,  as
amended  by  chapter  12  of  the  laws  of  2010, is amended to read as
follows:
  5. Application for leave to serve a late notice.
  Upon application, the court, in its discretion, may extend the time to
serve a notice of claim specified in paragraph (a) of subdivision one of
this section, WHETHER SUCH SERVICE WAS MADE UPON A PUBLIC CORPORATION OR
THE SECRETARY OF STATE. The extension shall not exceed the time  limited
for  the  commencement  of  an action by the claimant against the public
corporation. In determining whether to grant the  extension,  the  court
shall  consider,  in  particular,  whether the public corporation or its
attorney or its insurance  carrier  acquired  actual  knowledge  of  the
essential  facts  constituting  the  claim  within the time specified in
subdivision one of this section or within a reasonable time  thereafter.
The  court  shall  also  consider  all  other relevant facts and circum-
stances, including: whether the claimant was an infant, or  mentally  or
physically incapacitated, or died before the time limited for service of
the  notice  of  claim;  whether  the  claimant failed to serve a timely
notice of claim by reason of his justifiable  reliance  upon  settlement
representations  made  by  an  authorized  representative  of the public
corporation or its insurance carrier; whether the claimant in serving  a
notice  of  claim made an excusable error concerning the identity of the
public corporation against  which  the  claim  should  be  asserted;  if
service of the notice of claim is attempted by electronic means pursuant
to paragraph (e) of subdivision three of this section, whether the delay
in serving the notice of claim was based upon the failure of the comput-

S. 7641--B                          3

er  system  of the city or the claimant or the attorney representing the
claimant; that such claimant or attorney, as the case may be,  submitted
evidence  or  proof  as is reasonable showing that (i) the submission of
the claim was attempted to be electronically made in a timely manner and
would  have  been  completed  but for the failure of the computer system
utilized by the sender or recipient, and (ii) that upon  becoming  aware
of  both  the  failure  of  such  system  and the failure of the city to
receive such submission, the claimant or attorney had insufficient  time
to  make  such  claim  within  the  permitted time period in a manner as
otherwise prescribed by law; and whether the delay in serving the notice
of claim substantially prejudiced the public corporation in  maintaining
its defense on the merits.
  An application for leave to serve a late notice shall not be denied on
the  ground that it was made after commencement of an action against the
public corporation.
  S 6. The general municipal law is amended by adding a new  section  53
to read as follows:
  S  53.  ALTERNATIVE  SERVICE  OF NOTICE OF CLAIM UPON THE SECRETARY OF
STATE. 1. IN LIEU OF SERVING A NOTICE OF CLAIM UPON A PUBLIC CORPORATION
AS PROVIDED FOR IN SECTION FIFTY-E OF THIS ARTICLE, A  NOTICE  OF  CLAIM
SETTING  FORTH  THE  SAME INFORMATION AS REQUIRED BY SUCH SECTION MAY BE
SERVED UPON THE SECRETARY OF STATE IN THE SAME MANNER AS IF SERVED  WITH
THE  PUBLIC  CORPORATION.  ALL  THE  REQUIREMENTS  RELATING TO THE FORM,
CONTENT, TIME LIMITATIONS, EXCEPTIONS, EXTENSIONS AND ANY  OTHER  PROCE-
DURAL  REQUIREMENTS  IMPOSED IN SUCH SECTION WITH RESPECT TO A NOTICE OF
CLAIM SERVED UPON A PUBLIC CORPORATION SHALL CORRESPONDINGLY APPLY TO  A
NOTICE  OF CLAIM SERVED UPON THE SECRETARY OF STATE AS PERMITTED BY THIS
SECTION. FOR PURPOSES OF THIS ARTICLE, THE SECRETARY OF STATE  SHALL  BE
DEEMED TO BE THE AGENT FOR ALL PUBLIC CORPORATIONS UPON WHOM A NOTICE OF
CLAIM  MAY  BE  SERVED PRIOR TO COMMENCEMENT OF ANY ACTION OR PROCEEDING
SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
  2. THE SECRETARY OF STATE SHALL DESIGNATE AN OFFICE WITHIN THE DEPART-
MENT OF STATE WHEREAT PERSONS ARE ENTITLED BY  LAW  TO  TIMELY  SERVE  A
NOTICE  OF  CLAIM  UPON THE SECRETARY OF STATE AS THE AGENT FOR A PUBLIC
CORPORATION AS A CONDITION PRECEDENT TO COMMENCEMENT  OF  AN  ACTION  OR
PROCEEDING.  ALL PUBLIC CORPORATIONS ENTITLED TO HAVE SERVED UPON THEM A
NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR
PROCEEDING SHALL, NO LATER THAN THIRTY DAYS AFTER THE  DATE  UPON  WHICH
THIS SECTION SHALL TAKE EFFECT, FILE A CERTIFICATE WITH THE SECRETARY OF
STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A NOTICE OF
CLAIM AND SHALL IN SUCH STATEMENT PROVIDE THE SECRETARY  WITH  THE  NAME
AND  ADDRESS OF AN OFFICER, PERSON, OR DESIGNEE, NOMINEE OR OTHER AGENT-
IN-FACT FOR THE TRANSMITTAL OF NOTICES OF CLAIM SERVED UPON  THE  SECRE-
TARY  AS  THE  PUBLIC  CORPORATION'S  AGENT.  ANY DESIGNATED POST-OFFICE
ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF THE  NOTICE
OF  CLAIM  SERVED  UPON  HIM  OR  HER  AS AGENT SHALL CONTINUE TO BE THE
ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED UNTIL  THE  PUBLIC  CORPO-
RATION  SENDS  A  NOTICE  TO THE SECRETARY INFORMING HIM OR HER OF A NEW
ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED. THE INITIAL  FILING  WITH
THE  SECRETARY OF STATE SHALL ALSO CONTAIN THE APPLICABLE TIME LIMIT FOR
FILING A NOTICE OF CLAIM UPON  THAT  PUBLIC  CORPORATION,  OR  IF  LATER
CHANGED  BY  STATUTE,  A  NEW FILING SHALL BE MADE DETAILING THE ALTERED
TIME LIMIT. ANY PUBLIC CORPORATION WHO DOES NOT HAVE A CURRENT AND TIME-
LY STATUTORY DESIGNATION FILED WITH THE SECRETARY OF STATE SHALL NOT  BE
ENTITLED  TO THE PORTION OF THE FEE TO WHICH IT WOULD OTHERWISE BE ENTI-
TLED PURSUANT TO SUBDIVISION FOUR OF  THIS  SECTION.    FAILURE  OF  THE

S. 7641--B                          4

PUBLIC  CORPORATION  TO  SO  FILE  WITH  THE SECRETARY OF STATE WILL NOT
INVALIDATE ANY SERVICE OF A NOTICE OF CLAIM UPON THE PUBLIC  CORPORATION
WHICH HAS BEEN RECEIVED BY THE SECRETARY OF STATE.
  3. THE SECRETARY OF STATE IS HEREBY EMPOWERED TO ACCEPT PROPERLY TRAN-
SMITTED  NOTICES  OF  CLAIMS ON BEHALF OF A PUBLIC CORPORATION, WITH THE
SAME EFFECT AS IF SERVED DIRECTLY UPON A PUBLIC CORPORATION. THE  SECRE-
TARY  OF  STATE  SHALL  ACCEPT SUCH SERVICE UPON THE FOLLOWING TERMS AND
CONDITIONS:
  (A) THE SECRETARY OF STATE SHALL SET AND NOTIFY THE PUBLIC, ON HIS  OR
HER  WEBSITE,  AS TO REASONABLE TIMES, PLACES AND MANNER OF SERVICE UPON
HIM OR HER OF NOTICES OF CLAIMS;
  (B) UPON RECEIPT OF A NOTICE OF CLAIM, THE SECRETARY  OF  STATE  SHALL
ISSUE  A  RECEIPT  OR OTHER DOCUMENT ACKNOWLEDGING HIS OR HER RECEIPT OF
SUCH NOTICE, AND SUCH RECEIPT SHALL CONTAIN THE DATE AND TIME OF RECEIPT
OF THE NOTICE, AN IDENTIFYING NUMBER OR NAME PARTICULAR  TO  THE  NOTICE
RECEIVED,  AND THE LOGO OR SEAL OF THE DEPARTMENT OF STATE EMBOSSED UPON
IT. SUCH RECEIPT SHALL BE PRIMA  FACIE  EVIDENCE  OF  SERVICE  UPON  THE
SECRETARY OF STATE FOR ALL PURPOSES;
  (C) WITHIN TEN DAYS AFTER RECEIVING THE NOTICE OF CLAIM, THE SECRETARY
OF  STATE SHALL TRANSMIT AN ORIGINAL OR A COPY OF THE NOTICE OF CLAIM TO
THE PUBLIC CORPORATION NAMED IN THE NOTICE;
  (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER, WAIVE OR  OTHER-
WISE  ABROGATE  ANY  DEFENSE AVAILABLE TO A PUBLIC CORPORATION AS TO THE
NATURE, SUFFICIENCY, OR APPROPRIATENESS OF THE NOTICE OF  CLAIM  ITSELF,
OR  TO  ANY  CHALLENGES  TO THE TIMELINESS OF THE SERVICE OF A NOTICE OF
CLAIM.  TIMELY SERVICE UPON THE SECRETARY OF STATE SHALL BE DEEMED TIME-
LY SERVICE UPON THE PUBLIC CORPORATION FOR PURPOSES  OF  INSTITUTING  AN
ACTION OR PROCEEDING OR OTHER REQUIREMENT IMPOSED BY LAW.
  4.  THE SECRETARY OF STATE MAY IMPOSE A FEE UPON ANY PERSON WHO SERVES
A NOTICE OF CLAIM WITH THE DEPARTMENT. SUCH FEE  SHALL  NOT  EXCEED  TWO
HUNDRED  FIFTY  DOLLARS  FOR EACH SUCH NOTICE FILED. ONE-HALF OF THE FEE
IMPOSED SHALL BE RETAINED BY THE SECRETARY OF STATE AS PAYMENT  FOR  ITS
SERVICES  PROVIDED  IN  ACCORDANCE  WITH  THIS  SECTION.  THE  REMAINING
ONE-HALF OF SUCH FEE SHALL BE FORWARDED TO THE PUBLIC CORPORATION  NAMED
IN  THE  NOTICE OF CLAIM PROVIDED, HOWEVER, IF MORE THAN ONE SUCH PUBLIC
CORPORATION IS NAMED, EACH NAMED PUBLIC CORPORATION SHALL BE ENTITLED TO
AN EQUAL PERCENTAGE OF THE ONE-HALF AMOUNT.
  5. THE SECRETARY OF STATE SHALL WITHIN SIXTY DAYS AFTER THE  EFFECTIVE
DATE  OF  THIS  SECTION  POST  ON THE DEPARTMENTAL WEBSITE A LIST OF ANY
PUBLIC CORPORATION,  INCLUDING  ANY  PUBLIC  AUTHORITY,  PUBLIC  BENEFIT
CORPORATION OR ANY OTHER ENTITY ENTITLED TO RECEIVE A NOTICE OF CLAIM AS
A  CONDITION  PRECEDENT  TO COMMENCEMENT OF AN ACTION OR PROCEEDING, AND
THAT HAS FILED, PURSUANT TO THIS SECTION, A CERTIFICATE WITH THE  SECRE-
TARY  OF  STATE  DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A
NOTICE OF CLAIM. THE LIST SHOULD IDENTIFY THE ENTITY, THE ADDRESS OF THE
PUBLIC CORPORATION TO WHICH THE NOTICE OF CLAIM SHALL  BE  FORWARDED  BY
THE SECRETARY OF STATE, AND ANY STATUTORY PROVISIONS UNIQUELY PERTAINING
TO SUCH PUBLIC CORPORATION AND THE COMMENCEMENT OF AN ACTION OR PROCEED-
ING AGAINST IT.
  S  7.  Subdivision  2  of section 880 of the general municipal law, as
added by chapter 1030 of the  laws  of  1969,  is  amended  to  read  as
follows:
  (2)  In  a case founded upon tort, a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding against the agency or an officer, appointee or employee ther-
eof,  and  the  provisions  of section fifty-e of [the general municipal

S. 7641--B                          5

law] THIS CHAPTER shall govern the giving  of  such  notice.  No  action
shall be commenced more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued.
  S  8.  Paragraph  (viii)  of  subdivision  (b) of section 970-n of the
general municipal law, as added by chapter 916 of the laws of  1984  and
such  section  as  renumbered  by  chapter  686  of the laws of 1986, is
amended to read as follows:
  (viii) No action or  proceeding  shall  be  prosecuted  or  maintained
against  an  authority for personal injury or damage to real or personal
property alleged to have been sustained by reason of the  negligence  or
wrongful  act of the authority or any member, officer, agent or employee
thereof, unless (1) notice of claim shall have been made and served upon
the authority OR THE SECRETARY OF STATE within  the  time  limit  ESTAB-
LISHED by and in compliance with section fifty-e of [the general munici-
pal  law]  THIS  CHAPTER, (2) it shall appear by and as an allegation in
the complaint or moving papers that at least thirty  days  have  elapsed
since  the  service  of  such  notice and that the adjustment or payment
thereof has been neglected or refused, and (3) the action or  proceeding
shall  be commenced within one year AND NINETY DAYS after the [happening
of the event upon which the claim is based] CAUSE OF ACTION  SHALL  HAVE
ACCRUED.
  S  9.  Paragraph (d) of subdivision 2 of article IV of section 21-1701
of the environmental conservation law is amended to read as follows:
  (d) The foregoing consent is granted upon the condition that any suit,
action  or  proceeding  prosecuted  or  maintained  hereunder  shall  be
commenced  within  one  year  AND  NINETY DAYS after the cause of action
therefor shall have accrued, and upon the further condition that in  the
case  of  any  suit, action or proceeding for the recovery or payment of
money, prosecuted or maintained hereunder, a notice of claim shall  have
been  served  upon  the  Commission  by or on behalf of the plaintiff or
plaintiffs [at least sixty days before such suit, action  or  proceeding
is  commenced]  WITHIN  THE  TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE
WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.   The  provisions  of
this subparagraph shall not apply to claims arising out of provisions of
any workmen's compensation law of any of the signatory States.
  S  10.  Subdivision 2 of section 540 of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. [An] EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN action against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages were incurred  or  sustained,  together  with  a
verified  statement  showing in detail the property alleged to have been
damaged or destroyed and the value thereof,  or  the  personal  injuries
alleged to have been sustained and by whom,] CLAIM shall have been filed
[in  the principal office of the authority within ninety days after such
cause of action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY
AND IN COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.
  S 11. Subdivision 2 of section 569-a of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been

S. 7641--B                          6

sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal  injuries  alleged  to  have been sustained and by whom,] CLAIM
shall have been filed [with the secretary of the authority in the  prin-
cipal  office  of  the  authority  within six months after such cause of
action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY  AND  IN
COMPLIANCE  WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action
against the authority for wrongful death shall be commenced  in  accord-
ance  with  the  notice of claim and time limitation provisions of title
eleven of article nine of this chapter.
  S 12. Subdivision 2 of section 666-b of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries, alleged to have been sustained shall not be  commenced  more  than
one  year  and ninety days after the cause of action therefor shall have
accrued, nor unless a notice of [intention to commence such  action  and
of the time when and place where the damages were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  in the principal office of the authority within ninety days
after such cause of action shall have accrued]  CLAIM  SHALL  HAVE  BEEN
SERVED  ON  THE  AUTHORITY  WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN
COMPLIANCE WITH ALL REQUIREMENTS  OF  SECTION  FIFTY-E  OF  THE  GENERAL
MUNICIPAL LAW.
  S  13.  Subdivision 2 of section 735 of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries, alleged to have been sustained shall not be  commenced  more  than
one  year  and ninety days after the cause of action therefor shall have
accrued, nor unless a notice of [intention to commence such  action  and
of the time when and place where the damages were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  in the principal office of the authority within ninety days
after such cause of action shall have accrued]  CLAIM  SHALL  HAVE  BEEN
SERVED  WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL
REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW.
  S 14. Subdivision 1 of section 889 of the public authorities  law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  1. In any case founded upon a tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority and the provisions of section fifty-e
of the general municipal law shall apply.    EXCEPT  IN  AN  ACTION  FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE

S. 7641--B                          7

COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  15. Subdivision 1 of section 1017 of the public authorities law, as
added by chapter 804 of the laws of 1990, is amended to read as follows:
  1. In any action founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the  authority  or any officer, appointee, agent or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the  giving  of such notice. EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  16.  Subdivision 1 of section 1020-u of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1. In any action founded upon tort a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority or any  officer,  appointee,  agent  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving  of  such  notice.  EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 17. Subdivision 3 of section 1021-m of the public  authorities  law,
as  added  by  chapter  533  of  the laws of 2010, is amended to read as
follows:
  3. An action against the authority founded on tort shall be  commenced
in compliance with all the requirements of section fifty-e of the gener-
al municipal law, except that an action against the authority for wrong-
ful  death shall be commenced in accordance with the provisions of title
eleven of article nine of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL
DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO  REAL
OR  PERSONAL  PROPERTY,  OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL
INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT  BE  COMMENCED  MORE
THAN  ONE  YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL
HAVE ACCRUED.
  S 18. Subdivision 1 of section 1048-v of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  1. Except in an action for wrongful death,  no  action  or  proceeding
shall  be  prosecuted  or  maintained against the authority or the water
board for personal injury or damage to real or personal property alleged
to have been sustained by reason of the negligence or  wrongful  act  of
the  authority or the board or of any member, officer, agent or employee
thereof, unless (i) a notice of claim shall have been  made  and  served
upon  the  authority  or the water board, as the case may be, within the
time limit by and in compliance with  section  fifty-e  of  the  general
municipal  law,  (ii)  it  shall  appear  by and as an allegation in the
complaint or moving papers that at least thirty days have elapsed  since
the  service  of  such notice and that adjustment or payment thereof has
been neglected or refused, and (iii) the action or proceeding  shall  be
commenced  within  one  year  AND NINETY DAYS after the happening of the

S. 7641--B                          8

event upon which the claim is based. An action against the authority  or
water board for wrongful death shall be commenced in accordance with the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S  19. Subdivision 1 of section 1067 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the  authority  or any officer, appointee, agent or
employee thereof, and the provisions of section fifty-e of  the  general
municipal  law  shall  govern  the giving of such notice.   EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY  FOR  DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF,  OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT
BE COMMENCED MORE THAN ONE YEAR AND  NINETY  DAYS  AFTER  THE  CAUSE  OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S  20. Subdivision 1 of section 1089 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  21. Subdivision 1 of section 1109 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  22.  Subdivision 1 of section 1115-u of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against the  authority  or  the  water
board for personal injury or damage to real or personal property alleged
to  have  been  sustained by reason of the negligence or wrongful act of
the authority or the water board or of any  member,  officer,  agent  or
employee  thereof, unless (a) a notice of claim shall have been made and
served upon the authority or the water board, as the case may be, within
the time limit by and in compliance with section fifty-e of the  general
municipal  law,  (b)  it  shall  appear  by  and as an allegation in the
complaint or moving papers that at least thirty days have elapsed  since

S. 7641--B                          9

the  service  of  such notice and that adjustment or payment thereof has
been neglected or refused, and (c) the action  or  proceeding  shall  be
commenced  within  one  year  AND NINETY DAYS after the happening of the
event  upon which the claim is based. An action against the authority or
water board for wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  23. Subdivision 1 of section 1169 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  In  any case founded upon tort a notice of claim shall be required
as a condition precedent to the commencement of  an  action  or  special
proceeding  against  the authority or any officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law  shall  govern  the  giving of such notice.  EXCEPT IN AN ACTION FOR
WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES
TO REAL OR PERSONAL PROPERTY, OR FOR THE  DESTRUCTION  THEREOF,  OR  FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE  OF  ACTION
THEREFOR SHALL HAVE ACCRUED.
  S  24.  Subdivision 1 of section 1174-o of the public authorities law,
as added by chapter 491 of the laws of  1991,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers  that at least thirty 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 proceeding shall be commenced within one year AND
NINETY DAYS after the [happening of the event upon which  the  claim  is
based] CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  25.  Subdivision 1 of section 1197-n of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  1.  Except  in  an  action for wrongful death, no action or proceeding
shall be prosecuted or maintained against  the  authority  for  personal
injury  or  damage  to  real  or  personal property alleged to have been
sustained by reason of the negligence or wrongful act of  the  authority
or any member, officer, agent or employee thereof, unless:
  (a) a notice of claim shall have been made and served upon the author-
ity  within  the time limit by and in compliance with section fifty-e of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers that at least thirty days have elapsed since the service of  such
notice  and  that  adjustment  or  payment thereof has been neglected or
refused,
  (c) the action or proceeding shall be commenced within  one  year  AND
NINETY  DAYS  after  the  happening of the event upon which the claim is
based, and

S. 7641--B                         10

  (d) An action against  the  authority  for  wrongful  death  shall  be
commenced  in  accordance  with  the notice of claim and time limitation
provisions of title eleven of article nine of this chapter.
  S  26.  Subdivision 1 of section 1198-o of the public authorities law,
as added by chapter 868 of the laws of  1990,  is  amended  to  read  as
follows:
  1.  No  action or proceeding shall be prosecuted or maintained against
the authority for personal injury or damage to real or personal property
alleged to have been sustained by reason of the negligence  or  wrongful
act  of the authority or any member, officer, agent or employee thereof,
unless:
  (a) a notice of claim shall have been made and served upon the author-
ity within the time limit by and in compliance with section  fifty-e  of
the general municipal law,
  (b) it shall appear by and as an allegation in the complaint or moving
papers  that at least thirty 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 proceeding shall be commenced within one year AND
NINETY DAYS after the happening of the event upon  which  the  claim  is
based.
  S  27. Subdivision 2 of section 1276 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  28. Subdivision 2 of section 1297 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. An action against the corporation founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of  claim  shall  have been served on the corporation within the
time limited by and in compliance with all the requirements  of  section
fifty-e  of the general municipal law. An action against the corporation
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 29. Subdivision 2 of section 1299-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. An action against the authority founded on tort, except  an  action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of claim shall have been served on the authority within the time
limited by and in  compliance  with  all  the  requirements  of  section
fifty-e  of  the  general municipal law. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of

S. 7641--B                         11

claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S  30. Subdivision 2 of section 1299-rr of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  31. Subdivision 2 of section 1317 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  32. Subdivision 2 of section 1342 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  An  action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the  time
limited  by  and  in  compliance  with  all  the requirements of section
fifty-e of the general municipal law. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  33. Section 1372 of the public authorities law, as amended by chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1372. Actions against authority. In any case founded  upon  a  tort,
except an action for wrongful death, a notice of claim shall be required
as  a  condition  precedent  to the commencement of an action or special
proceeding against the authority and the provisions of  section  fifty-e
of the general municipal law shall apply. An action against the authori-
ty  for  wrongful death shall be commenced in accordance with the notice
of claim and time limitation provisions of title eleven of article  nine
of  this  chapter.    EXCEPT  IN AN ACTION FOR WRONGFUL DEATH, AN ACTION
AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROP-
ERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES,  ALLEGED
TO  HAVE  BEEN  SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND
NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S 34. Section 1397 of the public authorities law, as added by  chapter
647 of the laws of 1958, is amended to read as follows:
  S  1397.  Actions against authority. In any case founded upon a tort a
notice of claim shall be  required  as  a  condition  precedent  to  the

S. 7641--B                         12

commencement  of  an  action or special proceeding against the authority
and the provisions of section fifty-e of the general municipal law shall
apply. EXCEPT IN AN ACTION FOR WRONGFUL DEATH,  AN  ACTION  AGAINST  THE
AUTHORITY  FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR
THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE  BEEN
SUSTAINED,  SHALL  NOT  BE  COMMENCED MORE THAN ONE YEAR AND NINETY DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S 35. Subdivision 2 of section 1416 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  36.  Subdivision 2 of section 1420-r of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  37.  Subdivision 2 of section 1421-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS

S. 7641--B                         13

after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 38. Subdivision 2 of section 1425-q of the public  authorities  law,
as  added  by  chapter  617  of  the laws of 1972, is amended to read as
follows:
  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries or death, alleged to have been sustained, shall  not  be  commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued, nor unless a notice of [intention to  commence  such
action  and  of  the  time  when and place where the damages or personal
injuries or death were incurred or sustained, together with  a  verified
statement showing in detail the property alleged to have been damaged or
destroyed  and  the  value  thereof, or the personal injuries alleged to
have been sustained and by whom, shall have been filed with  the  secre-
tary  of  the  authority in the principal office of the authority within
six months after such cause of action shall have  accrued]  CLAIM  SHALL
HAVE  BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S 39. Subdivision 2 of section 1440 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  40. Subdivision 2 of section 1466 of the public authorities law, as
added by chapter 637 of the laws of 1948 and such section as  renumbered
by chapter 914 of the laws of 1957, is amended to read as follows:

S. 7641--B                         14

  2. An action against the authority for damages for injuries to real or
personal property, or for the destruction thereof, or for personal inju-
ries  or  death,  alleged to have been sustained, shall not be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall  have  accrued, nor unless a notice of [intention to commence such
action and of the time when and place  where  the  damages  or  personal
injuries  or  death were incurred or sustained, together with a verified
statement showing in detail the property alleged to have been damaged or
destroyed and the value thereof, or the  personal  injuries  alleged  to
have  been  sustained and by whom, shall have been filed with the secre-
tary of the authority in the principal office of  the  authority  within
six  months  after  such cause of action shall have accrued] CLAIM SHALL
HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED  BY,
AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER-
AL MUNICIPAL LAW.
  S  41.  Subdivision 2 of section 1470-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW.  An action against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  42.  Subdivision 2 of section 1493-q of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of

S. 7641--B                         15

claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S  43. Subdivision 2 of section 1516 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 44. Subdivision 2 of section 1541 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 45. Subdivision 2 of section 1585-q of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where damages or personal injuries  were  incurred  or  sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the

S. 7641--B                         16

personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE GENERAL MUNICIPAL LAW.  An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 46. Subdivision 2 of section 1590-q of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 47. Subdivision 2 of section 1595-q of the public  authorities  law,
as  added  by  chapter  1024  of the laws of 1968, is amended to read as
follows:
  2. An action against the authority for damages, for injuries  to  real
or  personal  property,  or for the destruction thereof, or for personal
injuries or  death,  alleged  to  have  been  sustained,  shall  not  be
commenced  more  than one year AND NINETY DAYS after the cause of action
therefor shall have accrued,  nor  unless  a  notice  of  [intention  to
commence such action and of the time when and place where the damages or
personal  injuries  or death were incurred or sustained, together with a
verified statement showing in detail the property alleged to  have  been
damaged  or  destroyed  and  the value thereof, or the personal injuries
alleged to have been sustained and by whom, shall have been  filed  with
the  secretary of the authority in the principal office of the authority
within six months after such cause of action shall have  accrued]  CLAIM
SHALL  HAVE  BEEN  SERVED  ON THE AUTHORITY WITHIN THE TIME LIMIT ESTAB-
LISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E  OF
THE GENERAL MUNICIPAL LAW.
  S  48.  Subdivision 2 of section 1596-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a

S. 7641--B                         17

notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 49. Subdivision 2 of section 1597-p of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  50.  Subdivision 2 of section 1598-p of the public authorities law,
as amended by chapter 804 of the laws of 1990, is  amended  to  read  as
follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.

S. 7641--B                         18

  S  51.  Subdivision  (b)  of section 1599-qq of the public authorities
law, as amended by chapter 804 of the laws of 1990, is amended  to  read
as follows:
  (b)  Except  in  an  action  for wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  52.  Subdivision  2  of section 1599-qqqq of the public authorities
law, as amended by chapter 804 of the laws of 1990, is amended  to  read
as follows:
  2.  Except  in  an  action  for  wrongful death, an action against the
authority for damages for injuries to real or personal property, or  for
the  destruction thereof, or for personal injuries, alleged to have been
sustained, shall not be commenced more than one  year  AND  NINETY  DAYS
after  the  cause  of  action  therefor shall have accrued, nor unless a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 53. Subdivision 2 of section 1600-qq of the public authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office

S. 7641--B                         19

of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 54. Subdivision 2 of section 1617 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 55. Subdivision 2 of section 1621-q of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries alleged to have been sustained and by whom, shall have
been filed with the secretary of the authority in the  principal  office
of the authority within six months after such cause of action shall have
accrued]  CLAIM  SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF  SECTION
FIFTY-E  OF  THE  GENERAL MUNICIPAL LAW. An action against the authority
for wrongful death shall be commenced in accordance with the  notice  of
claim  and time limitation provisions of title eleven of article nine of
this chapter.
  S 56. Subdivision 2 of section 1622-q of the public  authorities  law,
as  added  by  chapter  489  of  the laws of 1991, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  for damages for injuries to real or personal property, or for
the destruction thereof, or for personal injuries, alleged to have  been
sustained,  shall  not  be  commenced more than one year AND NINETY DAYS

S. 7641--B                         20

after the cause of action therefor shall  have  accrued,  nor  unless  a
notice of [intention to commence such an action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal injuries alleged to have been sustained and by whom, shall have
been  filed  with the secretary of the authority in the principal office
of the authority within six months after such cause of action shall have
accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN  THE  TIME
LIMIT  ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  authority
for  wrongful  death shall be commenced in accordance with the notice of
claim and time limitation provisions of title eleven of article nine  of
this chapter.
  S  57. Subdivision 2 of section 1777 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Except  in  an action for wrongful death, in a case founded upon a
tort, a notice of claim shall be required as a  condition  precedent  to
the commencement of an action or special proceeding against the authori-
ty  or  an officer, appointee or employee thereof, and the provisions of
section fifty-e of the general municipal law shall govern the giving  of
such  notice. No action shall be commenced more than one year AND NINETY
DAYS after the cause of action therefor shall have accrued, except in an
action for wrongful death, which shall be commenced in  accordance  with
the  notice  of  claim and time limitation provisions of title eleven of
article nine of this chapter.
  S 58. Subdivision 2 of section 1918 of the public authorities law,  as
amended  by  chapter  804  of  the  laws  of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  founded on tort shall not be commenced more than one year AND
NINETY DAYS after the cause of action therefor shall have  accrued,  nor
unless  a notice of claim shall have been served on the authority within
the time limited by, and in compliance  with  all  the  requirements  of
section  fifty-e  of  the  general  municipal law. An action against the
authority for wrongful death shall be commenced in accordance  with  the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 59. Subdivision 2 of section 1939-g of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  founded in tort shall not be commenced more than one year AND
NINETY DAYS after the cause of action therefor shall have  accrued,  nor
unless  a notice of claim shall have been served on the authority within
the time limited by, and in compliance  with  all  the  requirements  of
section  fifty-e  of  the  general  municipal law. An action against the
authority for wrongful death shall be commenced in accordance  with  the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 60. Subdivision 2 of section 1966 of the public authorities law,  as
added by chapter 759 of the laws of 1967, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the authority or an officer,  appointee  or  employee

S. 7641--B                         21

thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued.
  S  61. Section 1984 of the public authorities law, as amended by chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S 1984. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special proceeding against the authority or any  officer,  appointee  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such notice. An action  against
the  authority  for wrongful death shall be commenced in accordance with
the notice of claim and time limitation provisions of  title  eleven  of
article  nine  of this chapter.  EXCEPT IN AN ACTION FOR WRONGFUL DEATH,
AN ACTION AGAINST THE AUTHORITY FOR DAMAGES  FOR  INJURIES  TO  REAL  OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES,  ALLEGED  TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR  SHALL  HAVE
ACCRUED.
  S  62. Section 2032 of the public authorities law, as added by chapter
745 of the laws of 1969, is amended to read as follows:
  S 2032. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special proceeding against the authority or any  officer,  appointee  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such  notice.    EXCEPT  IN  AN
ACTION  FOR  WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES
FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE-
OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL  NOT
BE  COMMENCED  MORE  THAN  ONE  YEAR  AND NINETY DAYS AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED.
  S 63. Subdivision 2 of section 2040-i of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for  wrongful  death,  an  action  against  the
authority  founded on tort shall not be commenced more than one year AND
NINETY DAYS after the cause of action therefor shall have  accrued,  nor
unless  a notice of claim shall have been served on the authority within
the time limited by and in  compliance  with  all  the  requirements  of
section  fifty-e  of  the  general  municipal law. An action against the
authority for wrongful death shall be commenced in accordance  with  the
notice  of claim and time limitation provisions of title eleven of arti-
cle nine of this chapter.
  S 64. Subdivision 2 of section 2046-i of the public  authorities  law,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  2. Except in an action for wrongful death, an action against the agen-
cy founded on tort shall not be commenced more than one year AND  NINETY
DAYS after the cause of action therefor shall have accrued, nor unless a
notice  of  claim  shall  have been served on the agency within the time
limited by and in  compliance  with  all  the  requirements  of  section
fifty-e  of  the general municipal law. An action against the agency for
wrongful death shall be commenced in accordance with the notice of claim
and time limitation provisions of title eleven of article nine  of  this
chapter.

S. 7641--B                         22

  S  65. Subdivision b of section 2087 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  b.  Except  in  an  action  for  wrongful death, an action against the
authority founded in tort shall not be commenced more than one year  AND
NINETY  DAYS  after the cause of action therefor shall have accrued, nor
unless a notice of claim shall have been served on the authority  within
the  time  limited  by,  and  in compliance with all the requirements of
section fifty-e of the general municipal  law.  An  action  against  the
authority  for  wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of  arti-
cle nine of this chapter.
  S  66. Subdivision 2 of section 2332 of the public authorities law, as
added by chapter 915 of the laws of 1969, is amended to read as follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a condition precedent to  the  commencement  of  an  action  or  special
proceeding  against  the  authority or an officer, appointee or employee
thereof, and the provisions of section fifty-e of the general  municipal
law shall govern the giving of such notice. No action shall be commenced
more  than  one  year AND NINETY DAYS after the cause of action therefor
shall have accrued.
  S 67. Section 2416 of the public authorities law, as added by  chapter
612 of the laws of 1970, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2416. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special  proceeding  against  the  agency  or  any officer, appointee or
employee thereof, and the provisions of section fifty-e of  the  general
municipal law shall govern the giving of such notice.
  Except  in  an action for wrongful death, no action shall be commenced
(a) prior to the expiration of thirty days from the date  on  which  the
demand,  claim or claims upon which the action is founded were presented
to a director of the agency or other officer thereof designated for such
purpose nor (b) more than one year AND NINETY DAYS after  the  cause  of
action  therefor  shall  have  accrued. An action against the agency for
wrongful death shall be commenced in accordance with the notice of claim
and time limitation provisions of title eleven of article nine  of  this
chapter.
  S  68. Section 2447 of the public authorities law, as added by chapter
902 of the laws of 1972, the closing paragraph as amended by chapter 804
of the laws of 1990, is amended to read as follows:
  S 2447. Actions. In any case founded upon tort a notice of claim shall
be required as a condition precedent to the commencement of an action or
special proceeding against the  agency  or  any  officer,  appointee  or
employee  thereof,  and the provisions of section fifty-e of the general
municipal law shall govern the giving of such notice.
  Except in an action for wrongful death, no action shall  be  commenced
(a)  prior  to  the expiration of thirty days from the date on which the
demand, claim or claims upon which the action is founded were  presented
to a director of the agency or other officer thereof designated for such
purpose  nor  (b)  more than one year AND NINETY DAYS after the cause of
action therefor shall have accrued. An action  against  the  agency  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation provisions of title eleven of article nine of this
chapter.

S. 7641--B                         23

  S 69. Section 2570 of the public authorities law, as amended by  chap-
ter 804 of the laws of 1990, is amended to read as follows:
  S  2570.  Actions.  A  notice  of claim, served in accordance with the
provisions of section fifty-e of the general municipal law, shall  be  a
condition  precedent to the commencement of an action against the corpo-
ration, its directors, officers, employees or  agents.  No  such  action
shall  be  commenced  more  than  one  year AND NINETY DAYS after it has
accrued, except that an action  against  the  corporation  for  wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  70. Subdivision 2 of section 2638 of the public authorities law, as
amended by chapter 804 of the laws  of  1990,  is  amended  to  read  as
follows:
  2. In a case founded upon tort, a notice of claim shall be required as
a  condition  precedent  to  the  commencement  of  an action or special
proceeding against the commission or an officer, appointee  or  employee
thereof,  and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year AND NINETY DAYS after the cause  of  action  therefor
shall have accrued, except an action against the commission for wrongful
death shall be commenced in accordance with the notice of claim and time
limitation provisions of title eleven of article nine of this chapter.
  S  71. Subdivision 2 of section 376-a of the education law, as amended
by chapter 804 of the laws of 1990, is amended to read as follows:
  2. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 72. Subdivision 3 of section 467 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall

S. 7641--B                         24

have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 73. Subdivision 3 of section 491 of the education law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  3. Except in an action for wrongful death, an action against the  fund
for  damages  for  injuries  to  real  or  personal property, or for the
destruction thereof, or for personal  injuries,  alleged  to  have  been
sustained,  shall  not  be  commenced more than one year and ninety days
after the cause of action therefor shall  have  accrued,  nor  unless  a
notice  of  [intention  to commence such action and of the time when and
place where the damages or personal injuries were incurred or sustained,
together with a  verified  statement  showing  in  detail  the  property
alleged  to have been damaged or destroyed and the value thereof, or the
personal injuries, alleged to have been sustained, and  by  whom,  shall
have  been  filed with a trustee or officer of the fund in the principal
office of the fund within ninety days after such cause of  action  shall
have  accrued]  CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME
LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action  against  the  fund  for
wrongful death shall be commenced in accordance with the notice of claim
and  time  limitation  provisions of title eleven of article nine of the
public authorities law.
  S 74. Section 41.29 of the mental hygiene law, as amended  by  chapter
588  of the laws of 1973 and as renumbered by chapter 978 of the laws of
1977, is amended to read as follows:
S 41.29 Liability of local government.
  Any local government which has established a local  governmental  unit
shall  save  harmless  and protect the members of the board and officers
and employees of such unit from financial loss arising out of any claim,
demand, suit, or judgment by reason of alleged negligence or  other  act
resulting  in  accidental  bodily harm or injury to any person, provided
such board member, officer, or employee at the time of the  accident  or
injury was acting in the discharge of his duties within the scope of his
employment  under this article. No action shall be maintained under this
section against such a  local  government,  board  member,  officer,  or
employee  unless  a  notice  of claim shall have been made and served in
compliance with section fifty-e of the general municipal law.  EXCEPT IN
AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST SUCH A LOCAL GOVERNMENT,
BOARD MEMBER, OFFICER, OR EMPLOYEE FOR DAMAGES FOR INJURIES TO  REAL  OR
PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES,  ALLEGED  TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN
ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR  SHALL  HAVE
ACCRUED.
  S 75. Subdivision 1 of section 667 of the private housing finance law,
as amended by chapter 804 of the laws of 1990 and as designated by chap-
ter 702 of the laws of 1992, is amended to read as follows:
  1.  Except  in  an action for wrongful death, in any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the corporation,
any of its subsidiary corporations, or any officer, appointee or employ-
ee thereof, and the provisions of section fifty-e of the general munici-
pal law shall govern the giving of such notice. An action  for  wrongful

S. 7641--B                         25

death shall be commenced in accordance with the notice of claim and time
limitation  provisions  of  title  eleven  of article nine of the public
authorities law.  ANY OTHER ACTION AGAINST THE CORPORATION, ANY  OF  ITS
SUBSIDIARY  CORPORATIONS,  OR  ANY  OTHER OFFICER, APPOINTEE OR EMPLOYEE
THEREOF FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL  PROPERTY,  OR  FOR
THE  DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED.
  S  76.  Subdivision 3 of section 12 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development  corporation  act,
as  amended  by  chapter  804 of the laws of 1990, is amended to read as
follows:
  3. Except in an action for  wrongful  death,  an  action  against  the
corporation  for  damages  for injuries to real or personal property, or
for the destruction thereof, or for personal injuries, alleged  to  have
been  sustained,  shall  not  be commenced more than one year and ninety
days after the cause of action therefor shall have accrued, nor unless a
notice of [intention to commence such action and of the  time  when  and
place where the damages or personal injuries were incurred or sustained,
together  with  a  verified  statement  showing  in  detail the property
alleged to have been damaged or destroyed and the value thereof, or  the
personal  injuries,  alleged  to have been sustained, and by whom, shall
have been filed with a member or officer of the corporation in the prin-
cipal office of the corporation within ninety days after such  cause  of
action  shall  have  accrued] CLAIM SHALL HAVE BEEN SERVED ON THE CORPO-
RATION WITHIN THE TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE  WITH  ALL
REQUIREMENTS  OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action
against the corporation for wrongful death shall be commenced in accord-
ance with the notice of claim and time limitation  provisions  of  title
eleven of article nine of the public authorities law.
  S  77. Subdivision a of section 19-152.2 of the administrative code of
the city of New York, as amended by local law number 104 of the city  of
New York for the year 1993, is amended to read as follows:
  a.  A claim against the department arising from the city's performance
pursuant to section 19-152 of the code shall  be  initiated  within  one
year  from  the  date of entry of a notice of account [by filing] IF THE
CLAIMANT SHALL HAVE FILED a notice of claim with the office of the comp-
troller of the city of New York WITHIN THE TIME  LIMIT  ESTABLISHED  BY,
AND  IN  COMPLIANCE  WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE
GENERAL MUNICIPAL LAW. The claim forms shall  be  provided  to  property
owners upon request at no cost.
  S  78. Chapter 154 of the laws of 1921, relating to the port authority
of New York and New Jersey is amended by adding a new  article  XI-A  to
read as follows:
                               ARTICLE XI-A
  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, EVERY
ACTION AGAINST THE AUTHORITY FOR DAMAGES OR INJURIES TO REAL OR PERSONAL
PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR  PERSONAL  INJURIES  OR
WRONGFUL  DEATH  SHALL  NOT  BE COMMENCED UNLESS A NOTICE OF CLAIM SHALL
HAVE BEEN SERVED ON THE AUTHORITY IN THE  MANNER  PROVIDED  FOR  IN  THE
STATE  WHERE  THE ACTION IS COMMENCED, AND IN COMPLIANCE WITH THE PERTI-
NENT STATUTES OF THE  STATE  RELATING  GENERALLY  TO  ACTIONS  COMMENCED
AGAINST  THAT  STATE  AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF THE
LAWS OF THAT STATE. WHERE  SUCH  STATE'S  LAW  PERMITS  SERVICE  UPON  A
DEPARTMENT  OF  THAT  STATE  IN  LIEU OF SERVICE UPON THE PUBLIC ENTITY,
SERVICE MAY BE MADE PURSUANT TO SUCH LAW. EXCEPT IN AN ACTION FOR WRONG-

S. 7641--B                         26

FUL DEATH AGAINST SUCH AN ENTITY, AN ACTION FOR DAMAGES OR FOR  INJURIES
TO  REAL  OR  PERSONAL  PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR
PERSONAL  INJURIES,  ALLEGED  TO  HAVE  BEEN  SUSTAINED,  SHALL  NOT  BE
COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
THEREFOR  SHALL  HAVE  ACCRUED  OR  WITHIN  THE  TIME  PERIOD  OTHERWISE
PRESCRIBED  BY  ANY SPECIAL PROVISION OF LAW OF THAT STATE, WHICHEVER IS
LONGER.
  S 79. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become  a law and shall apply to all actions and
proceedings accruing on or after  such  date;  provided,  however,  that
section  seventy-eight  of this act shall take effect upon the enactment
into law by the state of New Jersey of legislation having  an  identical
effect  as  section  seventy-eight  of this act, but if the state of New
Jersey shall have enacted such legislation into law prior to  the  first
day  of  January next succeeding the date upon which this act shall have
become a law, section seventy-eight of this act shall take effect on the
one hundred eightieth day from the date upon which it shall have  become
a  law;  provided  further,  however, that the state of New Jersey shall
notify the legislative bill drafting commission upon the  occurrence  of
the  enactment  of the provisions provided for in this act in order that
the commission may maintain an accurate and timely effective  data  base
of the official text of the laws of the state of New York in furtherance
of  effecting  the  provisions  of section 44 of the legislative law and
section 70-b of the public officers law.

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Senate Bill S7641

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Jun 21, 2012 - Floor Vote

Floor Vote: Jun 21, 2012

Jun 21, 2012 - Rules Committee Vote

Rules Committee Vote: Jun 21, 2012

Bill Amendments

2011-S7641 - Details

2011-S7641 - Summary

2011-S7641 - Sponsor Memo

2011-S7641 - Bill Text download pdf

2011-S7641A - Details

2011-S7641A - Summary

2011-S7641A - Sponsor Memo

2011-S7641A - Bill Text download pdf

2011-S7641B (ACTIVE) - Details

2011-S7641B (ACTIVE) - Summary

2011-S7641B (ACTIVE) - Sponsor Memo

2011-S7641B (ACTIVE) - Bill Text download pdf

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Senate Bill S7641

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Jack M. Martins

Archive: Last Bill Status - Signed by Governor

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2011-S7641 - Details

2011-S7641 - Summary

2011-S7641 - Sponsor Memo

2011-S7641 - Bill Text download pdf

2011-S7641A - Details

2011-S7641A - Summary

2011-S7641A - Sponsor Memo

2011-S7641A - Bill Text download pdf

2011-S7641B (ACTIVE) - Details

2011-S7641B (ACTIVE) - Summary

2011-S7641B (ACTIVE) - Sponsor Memo

2011-S7641B (ACTIVE) - Bill Text download pdf

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