1. The Laws of New York
  2. Unconsolidated Laws
  3. New York City health and hospitals corporation act 1016/69


Section 20 Actions by and against the corporation

New York City health and hospitals corporation act 1016/69 (HHC)

1. In every action against the corporation for damages for injuries to real or personal property, or for the destruction thereof, or for personal injuries or death, the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action is founded were presented to a director or officer of the corporation and that the corporation has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment, or if the demand, claim or claims upon which such action is founded was presented to a director or officer of the corporation by service upon the secretary of state pursuant to section fifty-three of the general municipal law, that at least forty days have elapsed since such service was made, and that the corporation has neglected or refused to make an adjustment or payment thereof for forty days after such presentment.

  2. Except in an action for wrongful death, an action against the corporation for damages 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 thereof shall have accrued, nor unless a notice of intention to commence such action and of the time when and the place where the tort occurred and the injuries or damage, were sustained, together with a verified statement showing in detail the property alleged to have been damaged or destroyed and the value thereof, or the personal injuries alleged to have been sustained and by whom, shall have been filed with a director or officer of the corporation within ninety days after such cause of action shall have accrued. All the provisions of section fifty-e of the general municipal law shall apply to such notice. The corporation may require any claimant hereunder to be examined as provided in section fifty-h of the general municipal law, and all the provisions of such section shall apply to such examinations. An action against the corporation for wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article nine of the public authorities law.

  3. All actions against the corporation of whatever nature shall be brought in the city of New York, in the county within the city in which the cause of action arose, or if it arose outside of the city, in the county of New York.

  4. The corporation may require any person presenting for settlement an account or claim for any cause against the corporation, except as to examination on claims as set forth in subdivision two of this section, to be sworn before an officer, counsel or an attorney of the corporation, touching such account or claim, and when so sworn, to answer orally as to any facts relative to the adjustment of such account or claim. The corporation may settle or adjust all claims in favor of or against the corporation, and all accounts in which the corporation is concerned as debtor or creditor; but in adjusting and settling such claims, it shall, as far as practicable, be governed by the rules of law and principles of equity which prevail in courts of justice.

  5. Except as hereinafter provided in this subdivision, the rate of interest to be paid by the corporation upon any judgment or accrued claim against the corporation shall not exceed three per centum per annum. The rate of interest to be paid upon any judgment or accrued claim against the corporation arising out of an action to recover damages for wrongful death shall not exceed six per centum per annum.

  6. The corporation shall be an "agency" for the purposes of section fifty-k of the general municipal law and its officers and employees shall be entitled to legal representation and indemnification pursuant to the provisions of and subject to the conditions, procedures and limitations contained in such section, except that any judgment or settlement pursuant to this section shall be payable from the monies of the corporation.