|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to cities|
senate Bill S6151
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6151 - Details
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd §§50-e & 50-i, Gen Muni L
S6151 - Summary
Authorizes the filing of a notice of claim in New York city even after the ninety day period if the person notifies the responsible agency regarding the problem in writing within ninety days after such claim arises, the time otherwise limited for filing the notice of claim is extended until such time that the responsible agency provides a determination in writing detailing what actions that the agency will take to resolve the claim; provided, further, that the time within which the notice of claim must be filed shall not be extended by this provision beyond one year after the cause of action accrues.
S6151 - Sponsor Memo
BILL NUMBER:S6151 TITLE OF BILL: An act to amend the general municipal law, in relation to filing a notice of claim in New York city PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to allow the tolling of the time otherwise limited for filing the Notice of Claim in a city with a population of one million or more if a person notifies the responsible agency in writ- ing within ninety days after such claim arises. SUMMARY OF PROVISIONS: Section 1: Amends subdivision 1 of section 50-e of the general municipal law by adding a new paragraph (a-1) to allow extending the time other- wise limited for filing the notice of claim against a public corporation in a city with a population of one million of more if a person notifies the responsible agency in writing within ninety days after such claim arises. The time is extended until the responsible agency provides a determination in writing detailing what actions that the agency shall take to resolve the claim. However, the time within which the notice of claim must be filed shall not be extended beyond one year after the cause of action accrues. Section 2: Amends subdivision 1 of section 50-i of the general municipal
S6151 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6151 I N S E N A T E (PREFILED) January 8, 2014 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general municipal law, in relation to filing a notice of claim in New York city THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 50-e of the general municipal law is amended by adding a new paragraph (a-1) to read as follows: (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WHERE A PERSON NOTIFIES THE RESPONSIBLE AGENCY IN WRITING WITHIN NINETY DAYS AFTER SUCH CLAIM ARISES, THE TIME OTHERWISE LIMITED FOR FILING THE NOTICE OF CLAIM IS EXTENDED UNTIL SUCH TIME THAT THE RESPONSIBLE AGENCY PROVIDES A DETERMINATION IN WRITING DETAILING WHAT ACTIONS THAT THE AGENCY SHALL TAKE TO RESOLVE THE CLAIM. HOWEVER, THE TIME WITHIN WHICH THE NOTICE OF CLAIM MUST BE FILED SHALL NOT BE EXTENDED BY THIS PROVISION BEYOND ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. S 2. Subdivision 1 of section 50-i of the general municipal law, as amended by chapter 24 of the laws of 2013, is amended to read as follows: 1. No action or special proceeding shall be prosecuted or maintained against a city, county, town, village, fire district or school district for personal injury, wrongful death or damage to real or personal prop- erty alleged to have been sustained by reason of the negligence or wrongful act of such city, county, town, village, fire district or school district or of any officer, agent or employee thereof, including volunteer firemen of any such city, county, town, village, fire district or school district or any volunteer fireman whose services have been accepted pursuant to the provisions of section two hundred nine-i of this chapter, unless, (a) a notice of claim shall have been made and served upon the city, county, town, village, fire district or school district in compliance with section fifty-e of this article, (b) it shall appear by and as an allegation in the complaint or moving papers EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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