S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5016
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend the public authorities law, in relation to claims and
   actions against the New York city school construction authority  aris-
   ing out of contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1744  of  the  public  authorities
 law,  as added by chapter 519 of the laws of 2014, is amended to read as
 follows:
   2. No action or proceeding for any cause whatever, other than the  one
 for  personal  injury,  death,  property  damage or tort, which shall be
 governed by subdivision one of this section,  relating  to  the  design,
 construction,   reconstruction,   improvement,  rehabilitation,  repair,
 furnishing or equipping of educational facilities, shall  be  prosecuted
 or  maintained  against  the authority or any member, officer, agent, or
 employee thereof, unless (i) it shall appear by and as an allegation  in
 the  complaint  or  moving  papers,  that  a detailed, written, verified
 notice of each claim upon which any part of such action or proceeding is
 founded was presented to the board within three months after the accrual
 of such claim, that at least thirty days have elapsed since such  notice
 was  so  presented  and that the authority or the officer or body having
 the power to adjust or pay said claim has neglected or refused  to  make
 an  adjustment  or  payment  thereof,  and (ii) the action or proceeding
 shall have been commenced within one year after  the  happening  of  the
 event  upon  which  the  claim is based; provided, however, that nothing
 contained in this subdivision shall be deemed to modify or supersede any
 provision of law or contract specifying a  shorter  period  of  time  in
 which  to  commence  such  action or proceeding, or to excuse compliance
 with any other conditions required by contract to be satisfied prior  to
 the  commencement of such action or proceeding. In the case of an action
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09548-01-7

 A. 5016                             2
 
 or special proceeding for monies due arising out of contract, accrual of
 such claim shall be deemed to have occurred as of the date  payment  for
 the  amount  claimed  was denied BY WRITTEN NOTICE DELIVERED BY PERSONAL
 SERVICE, CERTIFIED MAIL OR AS OTHERWISE PROVIDED BY CONTRACT.
   § 2. This act shall take effect immediately.