Assembly Bill A11212

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11212
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the Hudson river park act,  in  relation  to  conferring
   jurisdiction  upon  the  court of claims to hear and determine certain
   claims brought against the Hudson River park trust
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11 of chapter 592 of the laws of 1998, constituting
 the Hudson river park act, is amended to read as follows:
   §  11.  [Notice  of tort] CLAIMS.   (A) In an action against the trust
 founded upon tort, [(a)] a notice of claim shall be required as a condi-
 tion precedent to the commencement of an action  or  special  proceeding
 against the trust or any officer, appointee or employee thereof, and the
 provisions of section 50-e of the general municipal law shall govern the
 giving of such notice [and (b) the].
   (B)  THE  complaint  shall contain an allegation that at least 30 days
 have elapsed since the demand, claim or claims upon which the action  is
 founded were presented to a member of the trust's board of directors and
 to  the trust's secretary and that the trust has neglected or refused to
 make an adjustment or payment thereof for 30 days  after  such  present-
 ment.  No  such  action  shall be commenced more than one year after the
 cause of action therefor shall have accrued, except action  against  the
 trust  for  wrongful  death  which  is  commenced in accordance with the
 notice of claim and time limitation provisions of title 11 of article  9
 of the public authorities law.
   (C)  THE  VENUE  OF  ANY ACTION OR PROCEEDING AGAINST THE TRUST OR ITS
 MEMBERS, OFFICERS, EMPLOYEES OR AGENTS, OR IN WHICH ANY QUESTION  ARISES
 AS  TO  THE  VALIDITY  OF  ANY SECTION OF THIS ACT, SHALL BE LAID IN THE
 COUNTY IN WHICH THE PRINCIPAL OFFICE OF THE TRUST IS LOCATED.
   (D) NOTWITHSTANDING SUBDIVISION (C) OF THIS SECTION, EXCLUSIVE  JURIS-
 DICTION  IS HEREBY CONFERRED UPON THE COURT OF CLAIMS TO HEAR AND DETER-
 MINE ANY CLAIM OF ANY PERSON BROUGHT  HEREAFTER  AGAINST  THE  TRUST  TO
 RECOVER  DAMAGES FOR INJURIES TO PROPERTY OR FOR PERSONAL INJURY ARISING
 OUT OF THE TRUST'S (I) EXERCISE OF DUTIES ON REAL PROPERTY OWNED BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16295-01-8

 A. 11212                            2
 
 STATE PURSUANT TO THIS ACT OR (II) POSSESSORY INTEREST IN ANY REAL PROP-
 ERTY  OWNED  BY THE STATE, IN THE SAME MANNER AND TO THE EXTENT PROVIDED
 AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT WITH RESPECT TO
 CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER JUDGMENTS THERE-
 FOR.  THE PAYMENT OF AWARDS AND JUDGMENTS FOR ANY SUCH CLAIMS BROUGHT IN
 THE COURT OF CLAIMS SHALL BE  MADE  FROM  APPROPRIATIONS  FOR  JUDGMENTS
 AGAINST THE STATE PURSUANT TO SECTION 20 OF THE COURT OF CLAIMS ACT.
   § 2. This act shall take effect immediately.