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This entry was published on 2014-09-22
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SECTION 50-F
Recording of notice of claim
General Municipal (GMU) CHAPTER 24, ARTICLE 4
§ 50-f. Recording of notice of claim. 1. Wherever a notice of claim is
required by section fifty-e of this chapter as a condition precedent to
the commencement of an action or proceeding against a municipal
corporation or any authority or commission heretofore or hereafter
continued or created by the public authorities law, or any officer,
appointee or employee thereof, every such municipal corporation and
every such authority or commission shall make and keep a record,
numbered consecutively and indexed alphabetically according to the name
of the claimant, of each notice of claim filed in compliance with such
requirement and of the disposition of the claim so noticed. Wherever
such notice of claim relates to a cause of action against a municipal
corporation or any such authority or commission for damages or injuries
to person or property sustained in consequence of any street, highway,
bridge, culvert, sidewalk or crosswalk being out of repair, unsafe,
dangerous or obstructed, or in consequence of the existence of snow or
ice thereon, every municipal corporation and every such authority or
commission shall keep an additional record of each such notice of claim
indexed according to the location of the alleged defective, unsafe,
dangerous or obstructed condition. The record shall be made and kept by
an officer or employee designated for that purpose by the governing body
of such municipal corporation or of such authority or commission. In the
absence of such designation the record shall be kept by the secretary of
such authority or commission or by the clerk of such municipal
corporation, except in the counties, where it shall be kept by the clerk
of the board of supervisors, and except in the city of New York, where
it shall be kept by the comptroller or a person designated by him for
that purpose. The record of each claim shall be preserved for a period
of five years after the date of the final disposition thereof.

2. The record shall set forth: (1) the name and post-office address of
the claimant and of his attorney, if any; (2) the date of service; (3)
the time, place and manner of injury; (4) the nature of the injury and
amount claimed; (5) whether the claim was approved or disapproved, with
the date; (6) whether referred to an insurance carrier, with the date;
(7) the carrier's disposition of the claim with the date; (8) the date
of service of a complaint; (9) the name and address of any named
co-defendant; (10) the name and address of any third-party defendant;
(11) the municipal corporation's equitable share determined in
accordance with the relative culpability of each party pursuant to an
itemized decision or itemized jury verdict; (12) the extent to which the
municipal corporation has paid more than such equitable share. (13) the
date and result of any trial; (14) the date and result of any appeal;
(15) the date and amount of any settlement; (16) the date and amount of
any judgment paid; (17) the reason and date the file was closed.

4. This section shall be applicable notwithstanding any inconsistent
provisions of law, general, special or local, or any limitation
contained in the provisions of any city charter.