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This entry was published on 2014-09-22
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SECTION 217-A
Actions to be commenced within one year and ninety days
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 217-a. Actions to be commenced within one year and ninety days.
Notwithstanding any other provision of law to the contrary, and
irrespective of whether the relevant statute is expressly amended by 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 section fifty-e of the general
municipal law, and such action must be commenced in compliance with all
the requirements of section fifty-e and subdivision one of section
fifty-i 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 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.