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This entry was published on 2014-09-22
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SECTION 6224
Claims against city university
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 125
§ 6224. Claims against city university. 1. The provisions of sections
fifty-e and fifty-i of the general municipal law shall, notwithstanding
any inconsistent provision of law, continue to apply to actions and
proceedings based on a cause of action involving a community college of
the city university of New York or an officer, agent, servant or
employee of such community college acting in the course of his
employment. The provisions of subdivisions four, five and six of this
section shall not apply to such actions and proceedings.

2. No action or proceeding based on a cause of action involving a
community college of the city university of New York or an officer,
agent, servant or employee of such community college acting in the
course of his employment may be prosecuted or maintained unless it shall
appear by and as an allegation in the complaint or necessary moving
papers that at least thirty days have elapsed since a demand setting
forth the underlying basis for such matter was presented to the city
university for adjustment, and that the officers or bodies having the
power to adjust or pay such demand have neglected or refused to make an
adjustment or payment thereof for thirty days, after such presentment.

3. The city university may require any person presenting to it for
settlement an account or claim for any cause whatever against it to be
sworn before it or a committee thereof, or before any person designated
by such board of trustees touching such account or claim, and when so
sworn, to answer orally as to any facts relative to the justness of such
account or claim. A trustee or any person designated as hereinbefore
stated shall have the power to administer an oath to any person who
shall give testimony to the justness of such account or claim. Willful
false swearing before the board of trustees, a committee thereof or any
person designated as hereinbefore stated shall be perjury and punishable
as such.

4. Exclusive jurisdiction is hereby conferred upon the court of claims
to hear, audit and determine the claims of any person against the city
university of New York (a) for wrongful death, (b) in connection with
causes of action sounding in tort alleged to have been committed by a
senior college of such university or any officer, agent, servant or
employee of a senior college of such university in the course of his
employment on behalf of such university, and (c) for the breach of a
contract relating to construction, reconstruction, improvement,
maintenance, operation, purchase or personal services entered into by
such university in connection with a senior college of such university
or any officer, agent, servant or employee of a senior college of such
university in the course of his employment on behalf of such university
in the same manner and to the extent provided by and subject to the
provisions of the court of claims act, including time limitations, with
respect to claims against the state, and to make awards and render
judgments therefor. Such jurisdiction shall attach to all claims
against the city university which arise on and after July first,
nineteen hundred seventy-nine. Nothing contained in this section shall
be construed as passing upon the merits of any such claims and no such
award shall be made or judgment rendered unless supported by such
evidence as would sustain a judgment against an individual or
corporation in a court of law or equity.

5. (a) Notwithstanding any inconsistent provisions of law, the
comptroller of the state of New York is authorized to examine, audit and
certify for payment, in accordance with procedures applicable to and
funding sources available for the payment by the state of any claim,
settlement or judgment against the state, (1) any judgment of the court
of claims, (2) any settlement approved by the court of claims pursuant
to section twenty-a of the court of claims act and (3) any claim which
would be otherwise subject to the provisions of subdivision four of this
section, provided such claim shall have been approved for payment by the
board of trustees of the city university of New York or its designee, by
the director of the budget and by the attorney general.

(b) Notwithstanding any inconsistent provisions of law, and in
addition to the procedures set forth above, the comptroller of the state
of New York is authorized to examine, audit and certify for payment any
claim not in excess of the amount specified in subdivision twelve-a of
section eight of the state finance law which is otherwise subject to the
provisions of subdivision four of this section in accordance with the
provisions of such subdivision twelve-a.

6. Notwithstanding any inconsistent provisions of law, with respect to
claims against the city university which arise on and after July first,
nineteen hundred seventy-nine, the comptroller of the state of New York
is authorized to examine, audit, certify for payment and pay from
funding sources available for payment of claims by the state any
settlement, order or judgment in any federal or state court, other than
the court of claims, or any administrative tribunal which pertains to a
senior college of the city university of New York. No such order or
judgment shall be paid except upon a certificate of the attorney general
that it has been entered. No such settlement shall be paid unless it
shall have been approved for payment by the board of trustees of the
city university of New York, or its designee, by the director of the
budget and by the attorney general. Nothing contained in this
subdivision shall be deemed to affect or alter the jurisdiction of any
court or administrative tribunal.