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This entry was published on 2014-09-22
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Notice of claim; action against corporation
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 6
§ 618. Notice of claim; action against corporation. 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, the
complaint shall contain an allegation that at least thirty days have
elapsed since notice of claim was presented to the corporation and that
the corporation has neglected or refused to make an adjustment or
payment thereof for thirty days after such presentment.

2. The notice of claim shall be in writing, sworn to by or on behalf
of the claimant, and shall set forth:

a. The name and post office address of each claimant, and of his
attorney if any;

b. The nature of the claim;

c. The time when, the place where and the manner in which the claim
arose; and

d. The items of damage or injuries claimed to have been sustained so
far as then practicable to determine.

3. The notice shall be served on the corporation by delivering a copy
thereof, in duplicate, personally or by registered mail, to an officer,
director or to any other agent authorized by appointment to receive such

4. The corporation may require any person presenting a claim to be
sworn before a person authorized by the laws of the state to administer
oaths, and when so sworn, to answer orally as to any facts relative to
the claim.

5. Except in an action for wrongful death, an action against the
corporation 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 claim as required in subdivisions one and two of this section
and served as set forth in subdivision three of this section shall have
been served upon the corporation within ninety days after such cause of
action shall have accrued. 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.

6. All actions against the corporation of whatever nature shall be
brought and the place of trial shall be 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. In no event shall an action against the
corporation be brought or the trial be held in the small claims part of
the New York city civil court.