Bill Text: NY S07641 | 2011-2012 | General Assembly | Amended
Bill Title: Enacts the "uniform notice of claim act"; establishes a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-17 - APPROVAL MEMO.24 [S07641 Detail]
Download: New_York-2011-S07641-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7641--B I N S E N A T E June 11, 2012 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, the general municipal law, the environmental conservation law, the public authorities law, the education law, the mental hygiene law, the private housing finance law, the facilities development corporation act, the administrative code of the city of New York, and chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey, in relation to establishing a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "uniform notice of claim act". 3 S 2. The civil practice law and rules is amended by adding a new 4 section 217-a to read as follows: 5 S 217-A. ACTIONS TO BE COMMENCED WITHIN ONE YEAR AND NINETY DAYS. 6 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND IRRE- 7 SPECTIVE OF WHETHER THE RELEVANT STATUTE IS EXPRESSLY AMENDED BY 8 SECTIONS THREE THROUGH SEVENTY-NINE OF THE UNIFORM NOTICE OF CLAIM ACT, 9 EVERY ACTION FOR DAMAGES OR INJURIES TO REAL OR PERSONAL PROPERTY, OR 10 FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR WRONGFUL DEATH, 11 AGAINST ANY POLITICAL SUBDIVISION OF THE STATE, OR ANY INSTRUMENTALITY 12 OR AGENCY OF THE STATE OR A POLITICAL SUBDIVISION, ANY PUBLIC AUTHORITY 13 OR ANY PUBLIC BENEFIT CORPORATION THAT IS ENTITLED TO RECEIVE A NOTICE 14 OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION, SHALL 15 NOT BE COMMENCED UNLESS A NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON SUCH 16 GOVERNMENTAL ENTITY WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLI- 17 ANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16120-07-2 S. 7641--B 2 1 PAL LAW. EXCEPT IN AN ACTION FOR WRONGFUL DEATH AGAINST SUCH AN ENTITY, 2 AN ACTION FOR DAMAGES OR FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR 3 FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE 4 BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY 5 DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED OR WITHIN THE 6 TIME PERIOD OTHERWISE PRESCRIBED BY ANY SPECIAL PROVISION OF LAW, WHICH- 7 EVER IS LONGER. NOTHING HEREIN IS INTENDED TO AMEND THE COURT OF CLAIMS 8 ACT OR ANY PROVISION THEREOF. 9 S 3. Paragraph 12 of subdivision (a) of section 8301 of the civil 10 practice law and rules is renumbered paragraph 13 and a new paragraph 12 11 is added to read as follows: 12 12. ANY FEE IMPOSED BY SECTION FIFTY-THREE OF THE GENERAL MUNICIPAL 13 LAW; AND 14 S 4. Subdivision 3 of section 50-e of the general municipal law is 15 amended by adding a new paragraph (f) to read as follows: 16 (F) SERVICE OF A NOTICE OF CLAIM ON THE SECRETARY OF STATE AS AGENT OF 17 ANY PUBLIC CORPORATION WHATSOEVER CREATED OR EXISTING BY VIRTUE OF THE 18 LAWS OF THE STATE OF NEW YORK UPON WHOM SERVICE OF A NOTICE OF CLAIM IS 19 REQUIRED AS A CONDITION PRECEDENT TO BEING SUED, MAY BE MADE BY 20 PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE OR A 21 DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO 22 RECEIVE SUCH SERVICE, AT ANY OFFICE OF THE DEPARTMENT OF STATE IN THE 23 CITY OF ALBANY OR AT ONE OF HIS OR HER REGULARLY ESTABLISHED OFFICES, 24 DUPLICATE COPIES OF SUCH NOTICE OF CLAIM TOGETHER WITH THE STATUTORY 25 FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE ON SUCH PUBLIC 26 CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED. 27 THE SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF SUCH COPIES BY CERTI- 28 FIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH PUBLIC CORPORATION, AT THE 29 POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR 30 THE PURPOSE. 31 S 5. Subdivision 5 of section 50-e of the general municipal law, as 32 amended by chapter 12 of the laws of 2010, is amended to read as 33 follows: 34 5. Application for leave to serve a late notice. 35 Upon application, the court, in its discretion, may extend the time to 36 serve a notice of claim specified in paragraph (a) of subdivision one of 37 this section, WHETHER SUCH SERVICE WAS MADE UPON A PUBLIC CORPORATION OR 38 THE SECRETARY OF STATE. The extension shall not exceed the time limited 39 for the commencement of an action by the claimant against the public 40 corporation. In determining whether to grant the extension, the court 41 shall consider, in particular, whether the public corporation or its 42 attorney or its insurance carrier acquired actual knowledge of the 43 essential facts constituting the claim within the time specified in 44 subdivision one of this section or within a reasonable time thereafter. 45 The court shall also consider all other relevant facts and circum- 46 stances, including: whether the claimant was an infant, or mentally or 47 physically incapacitated, or died before the time limited for service of 48 the notice of claim; whether the claimant failed to serve a timely 49 notice of claim by reason of his justifiable reliance upon settlement 50 representations made by an authorized representative of the public 51 corporation or its insurance carrier; whether the claimant in serving a 52 notice of claim made an excusable error concerning the identity of the 53 public corporation against which the claim should be asserted; if 54 service of the notice of claim is attempted by electronic means pursuant 55 to paragraph (e) of subdivision three of this section, whether the delay 56 in serving the notice of claim was based upon the failure of the comput- S. 7641--B 3 1 er system of the city or the claimant or the attorney representing the 2 claimant; that such claimant or attorney, as the case may be, submitted 3 evidence or proof as is reasonable showing that (i) the submission of 4 the claim was attempted to be electronically made in a timely manner and 5 would have been completed but for the failure of the computer system 6 utilized by the sender or recipient, and (ii) that upon becoming aware 7 of both the failure of such system and the failure of the city to 8 receive such submission, the claimant or attorney had insufficient time 9 to make such claim within the permitted time period in a manner as 10 otherwise prescribed by law; and whether the delay in serving the notice 11 of claim substantially prejudiced the public corporation in maintaining 12 its defense on the merits. 13 An application for leave to serve a late notice shall not be denied on 14 the ground that it was made after commencement of an action against the 15 public corporation. 16 S 6. The general municipal law is amended by adding a new section 53 17 to read as follows: 18 S 53. ALTERNATIVE SERVICE OF NOTICE OF CLAIM UPON THE SECRETARY OF 19 STATE. 1. IN LIEU OF SERVING A NOTICE OF CLAIM UPON A PUBLIC CORPORATION 20 AS PROVIDED FOR IN SECTION FIFTY-E OF THIS ARTICLE, A NOTICE OF CLAIM 21 SETTING FORTH THE SAME INFORMATION AS REQUIRED BY SUCH SECTION MAY BE 22 SERVED UPON THE SECRETARY OF STATE IN THE SAME MANNER AS IF SERVED WITH 23 THE PUBLIC CORPORATION. ALL THE REQUIREMENTS RELATING TO THE FORM, 24 CONTENT, TIME LIMITATIONS, EXCEPTIONS, EXTENSIONS AND ANY OTHER PROCE- 25 DURAL REQUIREMENTS IMPOSED IN SUCH SECTION WITH RESPECT TO A NOTICE OF 26 CLAIM SERVED UPON A PUBLIC CORPORATION SHALL CORRESPONDINGLY APPLY TO A 27 NOTICE OF CLAIM SERVED UPON THE SECRETARY OF STATE AS PERMITTED BY THIS 28 SECTION. FOR PURPOSES OF THIS ARTICLE, THE SECRETARY OF STATE SHALL BE 29 DEEMED TO BE THE AGENT FOR ALL PUBLIC CORPORATIONS UPON WHOM A NOTICE OF 30 CLAIM MAY BE SERVED PRIOR TO COMMENCEMENT OF ANY ACTION OR PROCEEDING 31 SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE. 32 2. THE SECRETARY OF STATE SHALL DESIGNATE AN OFFICE WITHIN THE DEPART- 33 MENT OF STATE WHEREAT PERSONS ARE ENTITLED BY LAW TO TIMELY SERVE A 34 NOTICE OF CLAIM UPON THE SECRETARY OF STATE AS THE AGENT FOR A PUBLIC 35 CORPORATION AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR 36 PROCEEDING. ALL PUBLIC CORPORATIONS ENTITLED TO HAVE SERVED UPON THEM A 37 NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR 38 PROCEEDING SHALL, NO LATER THAN THIRTY DAYS AFTER THE DATE UPON WHICH 39 THIS SECTION SHALL TAKE EFFECT, FILE A CERTIFICATE WITH THE SECRETARY OF 40 STATE DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A NOTICE OF 41 CLAIM AND SHALL IN SUCH STATEMENT PROVIDE THE SECRETARY WITH THE NAME 42 AND ADDRESS OF AN OFFICER, PERSON, OR DESIGNEE, NOMINEE OR OTHER AGENT- 43 IN-FACT FOR THE TRANSMITTAL OF NOTICES OF CLAIM SERVED UPON THE SECRE- 44 TARY AS THE PUBLIC CORPORATION'S AGENT. ANY DESIGNATED POST-OFFICE 45 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF THE NOTICE 46 OF CLAIM SERVED UPON HIM OR HER AS AGENT SHALL CONTINUE TO BE THE 47 ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED UNTIL THE PUBLIC CORPO- 48 RATION SENDS A NOTICE TO THE SECRETARY INFORMING HIM OR HER OF A NEW 49 ADDRESS TO WHICH SUCH NOTICES SHALL BE MAILED. THE INITIAL FILING WITH 50 THE SECRETARY OF STATE SHALL ALSO CONTAIN THE APPLICABLE TIME LIMIT FOR 51 FILING A NOTICE OF CLAIM UPON THAT PUBLIC CORPORATION, OR IF LATER 52 CHANGED BY STATUTE, A NEW FILING SHALL BE MADE DETAILING THE ALTERED 53 TIME LIMIT. ANY PUBLIC CORPORATION WHO DOES NOT HAVE A CURRENT AND TIME- 54 LY STATUTORY DESIGNATION FILED WITH THE SECRETARY OF STATE SHALL NOT BE 55 ENTITLED TO THE PORTION OF THE FEE TO WHICH IT WOULD OTHERWISE BE ENTI- 56 TLED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. FAILURE OF THE S. 7641--B 4 1 PUBLIC CORPORATION TO SO FILE WITH THE SECRETARY OF STATE WILL NOT 2 INVALIDATE ANY SERVICE OF A NOTICE OF CLAIM UPON THE PUBLIC CORPORATION 3 WHICH HAS BEEN RECEIVED BY THE SECRETARY OF STATE. 4 3. THE SECRETARY OF STATE IS HEREBY EMPOWERED TO ACCEPT PROPERLY TRAN- 5 SMITTED NOTICES OF CLAIMS ON BEHALF OF A PUBLIC CORPORATION, WITH THE 6 SAME EFFECT AS IF SERVED DIRECTLY UPON A PUBLIC CORPORATION. THE SECRE- 7 TARY OF STATE SHALL ACCEPT SUCH SERVICE UPON THE FOLLOWING TERMS AND 8 CONDITIONS: 9 (A) THE SECRETARY OF STATE SHALL SET AND NOTIFY THE PUBLIC, ON HIS OR 10 HER WEBSITE, AS TO REASONABLE TIMES, PLACES AND MANNER OF SERVICE UPON 11 HIM OR HER OF NOTICES OF CLAIMS; 12 (B) UPON RECEIPT OF A NOTICE OF CLAIM, THE SECRETARY OF STATE SHALL 13 ISSUE A RECEIPT OR OTHER DOCUMENT ACKNOWLEDGING HIS OR HER RECEIPT OF 14 SUCH NOTICE, AND SUCH RECEIPT SHALL CONTAIN THE DATE AND TIME OF RECEIPT 15 OF THE NOTICE, AN IDENTIFYING NUMBER OR NAME PARTICULAR TO THE NOTICE 16 RECEIVED, AND THE LOGO OR SEAL OF THE DEPARTMENT OF STATE EMBOSSED UPON 17 IT. SUCH RECEIPT SHALL BE PRIMA FACIE EVIDENCE OF SERVICE UPON THE 18 SECRETARY OF STATE FOR ALL PURPOSES; 19 (C) WITHIN TEN DAYS AFTER RECEIVING THE NOTICE OF CLAIM, THE SECRETARY 20 OF STATE SHALL TRANSMIT AN ORIGINAL OR A COPY OF THE NOTICE OF CLAIM TO 21 THE PUBLIC CORPORATION NAMED IN THE NOTICE; 22 (D) NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER, WAIVE OR OTHER- 23 WISE ABROGATE ANY DEFENSE AVAILABLE TO A PUBLIC CORPORATION AS TO THE 24 NATURE, SUFFICIENCY, OR APPROPRIATENESS OF THE NOTICE OF CLAIM ITSELF, 25 OR TO ANY CHALLENGES TO THE TIMELINESS OF THE SERVICE OF A NOTICE OF 26 CLAIM. TIMELY SERVICE UPON THE SECRETARY OF STATE SHALL BE DEEMED TIME- 27 LY SERVICE UPON THE PUBLIC CORPORATION FOR PURPOSES OF INSTITUTING AN 28 ACTION OR PROCEEDING OR OTHER REQUIREMENT IMPOSED BY LAW. 29 4. THE SECRETARY OF STATE MAY IMPOSE A FEE UPON ANY PERSON WHO SERVES 30 A NOTICE OF CLAIM WITH THE DEPARTMENT. SUCH FEE SHALL NOT EXCEED TWO 31 HUNDRED FIFTY DOLLARS FOR EACH SUCH NOTICE FILED. ONE-HALF OF THE FEE 32 IMPOSED SHALL BE RETAINED BY THE SECRETARY OF STATE AS PAYMENT FOR ITS 33 SERVICES PROVIDED IN ACCORDANCE WITH THIS SECTION. THE REMAINING 34 ONE-HALF OF SUCH FEE SHALL BE FORWARDED TO THE PUBLIC CORPORATION NAMED 35 IN THE NOTICE OF CLAIM PROVIDED, HOWEVER, IF MORE THAN ONE SUCH PUBLIC 36 CORPORATION IS NAMED, EACH NAMED PUBLIC CORPORATION SHALL BE ENTITLED TO 37 AN EQUAL PERCENTAGE OF THE ONE-HALF AMOUNT. 38 5. THE SECRETARY OF STATE SHALL WITHIN SIXTY DAYS AFTER THE EFFECTIVE 39 DATE OF THIS SECTION POST ON THE DEPARTMENTAL WEBSITE A LIST OF ANY 40 PUBLIC CORPORATION, INCLUDING ANY PUBLIC AUTHORITY, PUBLIC BENEFIT 41 CORPORATION OR ANY OTHER ENTITY ENTITLED TO RECEIVE A NOTICE OF CLAIM AS 42 A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR PROCEEDING, AND 43 THAT HAS FILED, PURSUANT TO THIS SECTION, A CERTIFICATE WITH THE SECRE- 44 TARY OF STATE DESIGNATING THE SECRETARY AS THE AGENT FOR SERVICE OF A 45 NOTICE OF CLAIM. THE LIST SHOULD IDENTIFY THE ENTITY, THE ADDRESS OF THE 46 PUBLIC CORPORATION TO WHICH THE NOTICE OF CLAIM SHALL BE FORWARDED BY 47 THE SECRETARY OF STATE, AND ANY STATUTORY PROVISIONS UNIQUELY PERTAINING 48 TO SUCH PUBLIC CORPORATION AND THE COMMENCEMENT OF AN ACTION OR PROCEED- 49 ING AGAINST IT. 50 S 7. Subdivision 2 of section 880 of the general municipal law, as 51 added by chapter 1030 of the laws of 1969, is amended to read as 52 follows: 53 (2) In a case founded upon tort, a notice of claim shall be required 54 as a condition precedent to the commencement of an action or special 55 proceeding against the agency or an officer, appointee or employee ther- 56 eof, and the provisions of section fifty-e of [the general municipal S. 7641--B 5 1 law] THIS CHAPTER shall govern the giving of such notice. No action 2 shall be commenced more than one year AND NINETY DAYS after the cause of 3 action therefor shall have accrued. 4 S 8. Paragraph (viii) of subdivision (b) of section 970-n of the 5 general municipal law, as added by chapter 916 of the laws of 1984 and 6 such section as renumbered by chapter 686 of the laws of 1986, is 7 amended to read as follows: 8 (viii) No action or proceeding shall be prosecuted or maintained 9 against an authority for personal injury or damage to real or personal 10 property alleged to have been sustained by reason of the negligence or 11 wrongful act of the authority or any member, officer, agent or employee 12 thereof, unless (1) notice of claim shall have been made and served upon 13 the authority OR THE SECRETARY OF STATE within the time limit ESTAB- 14 LISHED by and in compliance with section fifty-e of [the general munici- 15 pal law] THIS CHAPTER, (2) it shall appear by and as an allegation in 16 the complaint or moving papers that at least thirty days have elapsed 17 since the service of such notice and that the adjustment or payment 18 thereof has been neglected or refused, and (3) the action or proceeding 19 shall be commenced within one year AND NINETY DAYS after the [happening 20 of the event upon which the claim is based] CAUSE OF ACTION SHALL HAVE 21 ACCRUED. 22 S 9. Paragraph (d) of subdivision 2 of article IV of section 21-1701 23 of the environmental conservation law is amended to read as follows: 24 (d) The foregoing consent is granted upon the condition that any suit, 25 action or proceeding prosecuted or maintained hereunder shall be 26 commenced within one year AND NINETY DAYS after the cause of action 27 therefor shall have accrued, and upon the further condition that in the 28 case of any suit, action or proceeding for the recovery or payment of 29 money, prosecuted or maintained hereunder, a notice of claim shall have 30 been served upon the Commission by or on behalf of the plaintiff or 31 plaintiffs [at least sixty days before such suit, action or proceeding 32 is commenced] WITHIN THE TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE 33 WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. The provisions of 34 this subparagraph shall not apply to claims arising out of provisions of 35 any workmen's compensation law of any of the signatory States. 36 S 10. Subdivision 2 of section 540 of the public authorities law, as 37 added by chapter 804 of the laws of 1990, is amended to read as follows: 38 2. [An] EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN action against the 39 authority for damages for injuries to real or personal property, or for 40 the destruction thereof, or for personal injuries, alleged to have been 41 sustained, shall not be commenced more than one year and ninety days 42 after the cause of action therefor shall have accrued, nor unless a 43 notice of [intention to commence such action and of the time when and 44 place where the damages were incurred or sustained, together with a 45 verified statement showing in detail the property alleged to have been 46 damaged or destroyed and the value thereof, or the personal injuries 47 alleged to have been sustained and by whom,] CLAIM shall have been filed 48 [in the principal office of the authority within ninety days after such 49 cause of action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY 50 AND IN COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. 51 S 11. Subdivision 2 of section 569-a of the public authorities law, as 52 amended by chapter 804 of the laws of 1990, is amended to read as 53 follows: 54 2. Except in an action for wrongful death, an action against the 55 authority for damages for injuries to real or personal property, or for 56 the destruction thereof, or for personal injuries, alleged to have been S. 7641--B 6 1 sustained, shall not be commenced more than one year AND NINETY DAYS 2 after the cause of action therefor shall have accrued, nor unless a 3 notice of [intention to commence such action and of the time when and 4 place where the damages or personal injuries were incurred or sustained, 5 together with a verified statement showing in detail the property 6 alleged to have been damaged or destroyed and the value thereof, or the 7 personal injuries alleged to have been sustained and by whom,] CLAIM 8 shall have been filed [with the secretary of the authority in the prin- 9 cipal office of the authority within six months after such cause of 10 action shall have accrued] WITHIN THE TIME LIMIT ESTABLISHED BY AND IN 11 COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action 12 against the authority for wrongful death shall be commenced in accord- 13 ance with the notice of claim and time limitation provisions of title 14 eleven of article nine of this chapter. 15 S 12. Subdivision 2 of section 666-b of the public authorities law, as 16 added by chapter 804 of the laws of 1990, is amended to read as follows: 17 2. An action against the authority for damages for injuries to real or 18 personal property, or for the destruction thereof, or for personal inju- 19 ries, alleged to have been sustained shall not be commenced more than 20 one year and ninety days after the cause of action therefor shall have 21 accrued, nor unless a notice of [intention to commence such action and 22 of the time when and place where the damages were incurred or sustained, 23 together with a verified statement showing in detail the property 24 alleged to have been damaged or destroyed and the value thereof, or the 25 personal injuries alleged to have been sustained and by whom, shall have 26 been filed in the principal office of the authority within ninety days 27 after such cause of action shall have accrued] CLAIM SHALL HAVE BEEN 28 SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN 29 COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL 30 MUNICIPAL LAW. 31 S 13. Subdivision 2 of section 735 of the public authorities law, as 32 added by chapter 804 of the laws of 1990, is amended to read as follows: 33 2. An action against the authority for damages for injuries to real or 34 personal property, or for the destruction thereof, or for personal inju- 35 ries, alleged to have been sustained shall not be commenced more than 36 one year and ninety days after the cause of action therefor shall have 37 accrued, nor unless a notice of [intention to commence such action and 38 of the time when and place where the damages were incurred or sustained, 39 together with a verified statement showing in detail the property 40 alleged to have been damaged or destroyed and the value thereof, or the 41 personal injuries alleged to have been sustained and by whom, shall have 42 been filed in the principal office of the authority within ninety days 43 after such cause of action shall have accrued] CLAIM SHALL HAVE BEEN 44 SERVED WITHIN THE TIME LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL 45 REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. 46 S 14. Subdivision 1 of section 889 of the public authorities law, as 47 amended by chapter 804 of the laws of 1990, is amended to read as 48 follows: 49 1. In any case founded upon a tort a notice of claim shall be required 50 as a condition precedent to the commencement of an action or special 51 proceeding against the authority and the provisions of section fifty-e 52 of the general municipal law shall apply. EXCEPT IN AN ACTION FOR 53 WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES 54 TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR 55 PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE S. 7641--B 7 1 COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION 2 THEREFOR SHALL HAVE ACCRUED. 3 S 15. Subdivision 1 of section 1017 of the public authorities law, as 4 added by chapter 804 of the laws of 1990, is amended to read as follows: 5 1. In any action founded upon tort a notice of claim shall be required 6 as a condition precedent to the commencement of an action or special 7 proceeding against the authority or any officer, appointee, agent or 8 employee thereof, and the provisions of section fifty-e of the general 9 municipal law shall govern the giving of such notice. EXCEPT IN AN 10 ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES 11 FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE- 12 OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT 13 BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF 14 ACTION THEREFOR SHALL HAVE ACCRUED. 15 S 16. Subdivision 1 of section 1020-u of the public authorities law, 16 as amended by chapter 804 of the laws of 1990, is amended to read as 17 follows: 18 1. In any action founded upon tort a notice of claim shall be required 19 as a condition precedent to the commencement of an action or special 20 proceeding against the authority or any officer, appointee, agent or 21 employee thereof, and the provisions of section fifty-e of the general 22 municipal law shall govern the giving of such notice. EXCEPT IN AN 23 ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES 24 FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE- 25 OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT 26 BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF 27 ACTION THEREFOR SHALL HAVE ACCRUED. 28 S 17. Subdivision 3 of section 1021-m of the public authorities law, 29 as added by chapter 533 of the laws of 2010, is amended to read as 30 follows: 31 3. An action against the authority founded on tort shall be commenced 32 in compliance with all the requirements of section fifty-e of the gener- 33 al municipal law, except that an action against the authority for wrong- 34 ful death shall be commenced in accordance with the provisions of title 35 eleven of article nine of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL 36 DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL 37 OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL 38 INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE 39 THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL 40 HAVE ACCRUED. 41 S 18. Subdivision 1 of section 1048-v of the public authorities law, 42 as amended by chapter 804 of the laws of 1990, is amended to read as 43 follows: 44 1. Except in an action for wrongful death, no action or proceeding 45 shall be prosecuted or maintained against the authority or the water 46 board for personal injury or damage to real or personal property alleged 47 to have been sustained by reason of the negligence or wrongful act of 48 the authority or the board or of any member, officer, agent or employee 49 thereof, unless (i) a notice of claim shall have been made and served 50 upon the authority or the water board, as the case may be, within the 51 time limit by and in compliance with section fifty-e of the general 52 municipal law, (ii) it shall appear by and as an allegation in the 53 complaint or moving papers that at least thirty days have elapsed since 54 the service of such notice and that adjustment or payment thereof has 55 been neglected or refused, and (iii) the action or proceeding shall be 56 commenced within one year AND NINETY DAYS after the happening of the S. 7641--B 8 1 event upon which the claim is based. An action against the authority or 2 water board for wrongful death shall be commenced in accordance with the 3 notice of claim and time limitation provisions of title eleven of arti- 4 cle nine of this chapter. 5 S 19. Subdivision 1 of section 1067 of the public authorities law, as 6 amended by chapter 804 of the laws of 1990, is amended to read as 7 follows: 8 1. In any case founded upon tort a notice of claim shall be required 9 as a condition precedent to the commencement of an action or special 10 proceeding against the authority or any officer, appointee, agent or 11 employee thereof, and the provisions of section fifty-e of the general 12 municipal law shall govern the giving of such notice. EXCEPT IN AN 13 ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES 14 FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE- 15 OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT 16 BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF 17 ACTION THEREFOR SHALL HAVE ACCRUED. 18 S 20. Subdivision 1 of section 1089 of the public authorities law, as 19 amended by chapter 804 of the laws of 1990, is amended to read as 20 follows: 21 1. In any case founded upon tort a notice of claim shall be required 22 as a condition precedent to the commencement of an action or special 23 proceeding against the authority or any officer, appointee or employee 24 thereof, and the provisions of section fifty-e of the general municipal 25 law shall govern the giving of such notice. EXCEPT IN AN ACTION FOR 26 WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES 27 TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR 28 PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE 29 COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION 30 THEREFOR SHALL HAVE ACCRUED. 31 S 21. Subdivision 1 of section 1109 of the public authorities law, as 32 amended by chapter 804 of the laws of 1990, is amended to read as 33 follows: 34 1. In any case founded upon tort a notice of claim shall be required 35 as a condition precedent to the commencement of an action or special 36 proceeding against the authority or any officer, appointee or employee 37 thereof, and the provisions of section fifty-e of the general municipal 38 law shall govern the giving of such notice. EXCEPT IN AN ACTION FOR 39 WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES 40 TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR 41 PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE 42 COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION 43 THEREFOR SHALL HAVE ACCRUED. 44 S 22. Subdivision 1 of section 1115-u of the public authorities law, 45 as amended by chapter 804 of the laws of 1990, is amended to read as 46 follows: 47 1. Except in an action for wrongful death, no action or proceeding 48 shall be prosecuted or maintained against the authority or the water 49 board for personal injury or damage to real or personal property alleged 50 to have been sustained by reason of the negligence or wrongful act of 51 the authority or the water board or of any member, officer, agent or 52 employee thereof, unless (a) a notice of claim shall have been made and 53 served upon the authority or the water board, as the case may be, within 54 the time limit by and in compliance with section fifty-e of the general 55 municipal law, (b) it shall appear by and as an allegation in the 56 complaint or moving papers that at least thirty days have elapsed since S. 7641--B 9 1 the service of such notice and that adjustment or payment thereof has 2 been neglected or refused, and (c) the action or proceeding shall be 3 commenced within one year AND NINETY DAYS after the happening of the 4 event upon which the claim is based. An action against the authority or 5 water board for wrongful death shall be commenced in accordance with the 6 notice of claim and time limitation provisions of title eleven of arti- 7 cle nine of this chapter. 8 S 23. Subdivision 1 of section 1169 of the public authorities law, as 9 amended by chapter 804 of the laws of 1990, is amended to read as 10 follows: 11 1. In any case founded upon tort a notice of claim shall be required 12 as a condition precedent to the commencement of an action or special 13 proceeding against the authority or any officer, appointee or employee 14 thereof, and the provisions of section fifty-e of the general municipal 15 law shall govern the giving of such notice. EXCEPT IN AN ACTION FOR 16 WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES 17 TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR 18 PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE 19 COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION 20 THEREFOR SHALL HAVE ACCRUED. 21 S 24. Subdivision 1 of section 1174-o of the public authorities law, 22 as added by chapter 491 of the laws of 1991, is amended to read as 23 follows: 24 1. No action or proceeding shall be prosecuted or maintained against 25 the authority for personal injury or damage to real or personal property 26 alleged to have been sustained by reason of the negligence or wrongful 27 act of the authority or any member, officer, agent or employee thereof, 28 unless: 29 (a) a notice of claim shall have been made and served upon the author- 30 ity within the time limit by and in compliance with section fifty-e of 31 the general municipal law, 32 (b) it shall appear by and as an allegation in the complaint or moving 33 papers that at least thirty days have elapsed since the service of such 34 notice and that adjustment or payment thereof has been neglected or 35 refused, and 36 (c) the action or proceeding shall be commenced within one year AND 37 NINETY DAYS after the [happening of the event upon which the claim is 38 based] CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED. 39 S 25. Subdivision 1 of section 1197-n of the public authorities law, 40 as amended by chapter 804 of the laws of 1990, is amended to read as 41 follows: 42 1. Except in an action for wrongful death, no action or proceeding 43 shall be prosecuted or maintained against the authority for personal 44 injury or damage to real or personal property alleged to have been 45 sustained by reason of the negligence or wrongful act of the authority 46 or any member, officer, agent or employee thereof, unless: 47 (a) a notice of claim shall have been made and served upon the author- 48 ity within the time limit by and in compliance with section fifty-e of 49 the general municipal law, 50 (b) it shall appear by and as an allegation in the complaint or moving 51 papers that at least thirty days have elapsed since the service of such 52 notice and that adjustment or payment thereof has been neglected or 53 refused, 54 (c) the action or proceeding shall be commenced within one year AND 55 NINETY DAYS after the happening of the event upon which the claim is 56 based, and S. 7641--B 10 1 (d) An action against the authority for wrongful death shall be 2 commenced in accordance with the notice of claim and time limitation 3 provisions of title eleven of article nine of this chapter. 4 S 26. Subdivision 1 of section 1198-o of the public authorities law, 5 as added by chapter 868 of the laws of 1990, is amended to read as 6 follows: 7 1. No action or proceeding shall be prosecuted or maintained against 8 the authority for personal injury or damage to real or personal property 9 alleged to have been sustained by reason of the negligence or wrongful 10 act of the authority or any member, officer, agent or employee thereof, 11 unless: 12 (a) a notice of claim shall have been made and served upon the author- 13 ity within the time limit by and in compliance with section fifty-e of 14 the general municipal law, 15 (b) it shall appear by and as an allegation in the complaint or moving 16 papers that at least thirty days have elapsed since the service of such 17 notice and that adjustment or payment thereof has been neglected or 18 refused, and 19 (c) the action or proceeding shall be commenced within one year AND 20 NINETY DAYS after the happening of the event upon which the claim is 21 based. 22 S 27. Subdivision 2 of section 1276 of the public authorities law, as 23 amended by chapter 804 of the laws of 1990, is amended to read as 24 follows: 25 2. An action against the authority founded on tort, except an action 26 for wrongful death, shall not be commenced more than one year AND NINETY 27 DAYS after the cause of action therefor shall have accrued, nor unless a 28 notice of claim shall have been served on the authority within the time 29 limited by and in compliance with all the requirements of section 30 fifty-e of the general municipal law. An action against the authority 31 for wrongful death shall be commenced in accordance with the notice of 32 claim and time limitation provisions of title eleven of article nine of 33 this chapter. 34 S 28. Subdivision 2 of section 1297 of the public authorities law, as 35 amended by chapter 804 of the laws of 1990, is amended to read as 36 follows: 37 2. An action against the corporation founded on tort, except an action 38 for wrongful death, shall not be commenced more than one year AND NINETY 39 DAYS after the cause of action therefor shall have accrued, nor unless a 40 notice of claim shall have been served on the corporation within the 41 time limited by and in compliance with all the requirements of section 42 fifty-e of the general municipal law. An action against the corporation 43 for wrongful death shall be commenced in accordance with the notice of 44 claim and time limitation provisions of title eleven of article nine of 45 this chapter. 46 S 29. Subdivision 2 of section 1299-p of the public authorities law, 47 as amended by chapter 804 of the laws of 1990, is amended to read as 48 follows: 49 2. An action against the authority founded on tort, except an action 50 for wrongful death, shall not be commenced more than one year AND NINETY 51 DAYS after the cause of action therefor shall have accrued, nor unless a 52 notice of claim shall have been served on the authority within the time 53 limited by and in compliance with all the requirements of section 54 fifty-e of the general municipal law. An action against the authority 55 for wrongful death shall be commenced in accordance with the notice of S. 7641--B 11 1 claim and time limitation provisions of title eleven of article nine of 2 this chapter. 3 S 30. Subdivision 2 of section 1299-rr of the public authorities law, 4 as amended by chapter 804 of the laws of 1990, is amended to read as 5 follows: 6 2. An action against the authority founded on tort, except an action 7 for wrongful death, shall not be commenced more than one year AND NINETY 8 DAYS after the cause of action therefor shall have accrued, nor unless a 9 notice of claim shall have been served on the authority within the time 10 limited by and in compliance with all the requirements of section 11 fifty-e of the general municipal law. An action against the authority 12 for wrongful death shall be commenced in accordance with the notice of 13 claim and time limitation provisions of title eleven of article nine of 14 this chapter. 15 S 31. Subdivision 2 of section 1317 of the public authorities law, as 16 amended by chapter 804 of the laws of 1990, is amended to read as 17 follows: 18 2. An action against the authority founded on tort, except an action 19 for wrongful death, shall not be commenced more than one year AND NINETY 20 DAYS after the cause of action therefor shall have accrued, nor unless a 21 notice of claim shall have been served on the authority within the time 22 limited by and in compliance with all the requirements of section 23 fifty-e of the general municipal law. An action against the authority 24 for wrongful death shall be commenced in accordance with the notice of 25 claim and time limitation provisions of title eleven of article nine of 26 this chapter. 27 S 32. Subdivision 2 of section 1342 of the public authorities law, as 28 amended by chapter 804 of the laws of 1990, is amended to read as 29 follows: 30 2. An action against the authority founded on tort, except an action 31 for wrongful death, shall not be commenced more than one year AND NINETY 32 DAYS after the cause of action therefor shall have accrued, nor unless a 33 notice of claim shall have been served on the authority within the time 34 limited by and in compliance with all the requirements of section 35 fifty-e of the general municipal law. An action against the authority 36 for wrongful death shall be commenced in accordance with the notice of 37 claim and time limitation provisions of title eleven of article nine of 38 this chapter. 39 S 33. Section 1372 of the public authorities law, as amended by chap- 40 ter 804 of the laws of 1990, is amended to read as follows: 41 S 1372. Actions against authority. In any case founded upon a tort, 42 except an action for wrongful death, a notice of claim shall be required 43 as a condition precedent to the commencement of an action or special 44 proceeding against the authority and the provisions of section fifty-e 45 of the general municipal law shall apply. An action against the authori- 46 ty for wrongful death shall be commenced in accordance with the notice 47 of claim and time limitation provisions of title eleven of article nine 48 of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN ACTION 49 AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROP- 50 ERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED 51 TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND 52 NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED. 53 S 34. Section 1397 of the public authorities law, as added by chapter 54 647 of the laws of 1958, is amended to read as follows: 55 S 1397. Actions against authority. In any case founded upon a tort a 56 notice of claim shall be required as a condition precedent to the S. 7641--B 12 1 commencement of an action or special proceeding against the authority 2 and the provisions of section fifty-e of the general municipal law shall 3 apply. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE 4 AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR 5 THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN 6 SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS 7 AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED. 8 S 35. Subdivision 2 of section 1416 of the public authorities law, as 9 amended by chapter 804 of the laws of 1990, is amended to read as 10 follows: 11 2. Except in an action for wrongful death, an action against the 12 authority for damages for injuries to real or personal property, or for 13 the destruction thereof, or for personal injuries, alleged to have been 14 sustained, shall not be commenced more than one year AND NINETY DAYS 15 after the cause of action therefor shall have accrued, nor unless a 16 notice of [intention to commence such action and of the time when and 17 place where the damages or personal injuries were incurred or sustained, 18 together with a verified statement showing in detail the property 19 alleged to have been damaged or destroyed and the value thereof, or the 20 personal injuries alleged to have been sustained and by whom, shall have 21 been filed with the secretary of the authority in the principal office 22 of the authority within six months after such cause of action shall have 23 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 24 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 25 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 26 for wrongful death shall be commenced in accordance with the notice of 27 claim and time limitation provisions of title eleven of article nine of 28 this chapter. 29 S 36. Subdivision 2 of section 1420-r of the public authorities law, 30 as amended by chapter 804 of the laws of 1990, is amended to read as 31 follows: 32 2. Except in an action for wrongful death, an action against the 33 authority for damages for injuries to real or personal property, or for 34 the destruction thereof, or for personal injuries, alleged to have been 35 sustained, shall not be commenced more than one year AND NINETY DAYS 36 after the cause of action therefor shall have accrued, nor unless a 37 notice of [intention to commence such an action and of the time when and 38 place where the damages or personal injuries were incurred or sustained, 39 together with a verified statement showing in detail the property 40 alleged to have been damaged or destroyed and the value thereof, or the 41 personal injuries alleged to have been sustained and by whom, shall have 42 been filed with the secretary of the authority in the principal office 43 of the authority within six months after such cause of action shall have 44 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 45 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 46 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 47 for wrongful death shall be commenced in accordance with the notice of 48 claim and time limitation provisions of title eleven of article nine of 49 this chapter. 50 S 37. Subdivision 2 of section 1421-p of the public authorities law, 51 as amended by chapter 804 of the laws of 1990, is amended to read as 52 follows: 53 2. Except in an action for wrongful death, an action against the 54 authority for damages for injuries to real or personal property, or for 55 the destruction thereof, or for personal injuries, alleged to have been 56 sustained, shall not be commenced more than one year AND NINETY DAYS S. 7641--B 13 1 after the cause of action therefor shall have accrued, nor unless a 2 notice of [intention to commence such action and of the time when and 3 place where the damages or personal injuries were incurred or sustained, 4 together with a verified statement showing in detail the property 5 alleged to have been damaged or destroyed and the value thereof, or the 6 personal injuries alleged to have been sustained and by whom, shall have 7 been filed with the secretary of the authority in the principal office 8 of the authority within six months after such cause of action shall have 9 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 10 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 11 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 12 for wrongful death shall be commenced in accordance with the notice of 13 claim and time limitation provisions of title eleven of article nine of 14 this chapter. 15 S 38. Subdivision 2 of section 1425-q of the public authorities law, 16 as added by chapter 617 of the laws of 1972, is amended to read as 17 follows: 18 2. An action against the authority for damages for injuries to real or 19 personal property, or for the destruction thereof, or for personal inju- 20 ries or death, alleged to have been sustained, shall not be commenced 21 more than one year AND NINETY DAYS after the cause of action therefor 22 shall have accrued, nor unless a notice of [intention to commence such 23 action and of the time when and place where the damages or personal 24 injuries or death were incurred or sustained, together with a verified 25 statement showing in detail the property alleged to have been damaged or 26 destroyed and the value thereof, or the personal injuries alleged to 27 have been sustained and by whom, shall have been filed with the secre- 28 tary of the authority in the principal office of the authority within 29 six months after such cause of action shall have accrued] CLAIM SHALL 30 HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY, 31 AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER- 32 AL MUNICIPAL LAW. 33 S 39. Subdivision 2 of section 1440 of the public authorities law, as 34 amended by chapter 804 of the laws of 1990, is amended to read as 35 follows: 36 2. Except in an action for wrongful death, an action against the 37 authority for damages for injuries to real or personal property, or for 38 the destruction thereof, or for personal injuries, alleged to have been 39 sustained, shall not be commenced more than one year AND NINETY DAYS 40 after the cause of action therefor shall have accrued, nor unless a 41 notice of [intention to commence such action and of the time when and 42 place where the damages or personal injuries were incurred or sustained, 43 together with a verified statement showing in detail the property 44 alleged to have been damaged or destroyed and the value thereof, or the 45 personal injuries alleged to have been sustained and by whom, shall have 46 been filed with the secretary of the authority in the principal office 47 of the authority within six months after such cause of action shall have 48 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 49 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 50 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 51 for wrongful death shall be commenced in accordance with the notice of 52 claim and time limitation provisions of title eleven of article nine of 53 this chapter. 54 S 40. Subdivision 2 of section 1466 of the public authorities law, as 55 added by chapter 637 of the laws of 1948 and such section as renumbered 56 by chapter 914 of the laws of 1957, is amended to read as follows: S. 7641--B 14 1 2. An action against the authority for damages for injuries to real or 2 personal property, or for the destruction thereof, or for personal inju- 3 ries or death, alleged to have been sustained, shall not be commenced 4 more than one year AND NINETY DAYS after the cause of action therefor 5 shall have accrued, nor unless a notice of [intention to commence such 6 action and of the time when and place where the damages or personal 7 injuries or death were incurred or sustained, together with a verified 8 statement showing in detail the property alleged to have been damaged or 9 destroyed and the value thereof, or the personal injuries alleged to 10 have been sustained and by whom, shall have been filed with the secre- 11 tary of the authority in the principal office of the authority within 12 six months after such cause of action shall have accrued] CLAIM SHALL 13 HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTABLISHED BY, 14 AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF THE GENER- 15 AL MUNICIPAL LAW. 16 S 41. Subdivision 2 of section 1470-p of the public authorities law, 17 as amended by chapter 804 of the laws of 1990, is amended to read as 18 follows: 19 2. Except in an action for wrongful death, an action against the 20 authority for damages for injuries to real or personal property, or for 21 the destruction thereof, or for personal injuries, alleged to have been 22 sustained, shall not be commenced more than one year AND NINETY DAYS 23 after the cause of action therefor shall have accrued, nor unless a 24 notice of [intention to commence such an action and of the time when and 25 place where the damages or personal injuries were incurred or sustained, 26 together with a verified statement showing in detail the property 27 alleged to have been damaged or destroyed and the value thereof, or the 28 personal injuries alleged to have been sustained and by whom, shall have 29 been filed with the secretary of the authority in the principal office 30 of the authority within six months after such cause of action shall have 31 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 32 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 33 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 34 for wrongful death shall be commenced in accordance with the notice of 35 claim and time limitation provisions of title eleven of article nine of 36 this chapter. 37 S 42. Subdivision 2 of section 1493-q of the public authorities law, 38 as amended by chapter 804 of the laws of 1990, is amended to read as 39 follows: 40 2. Except in an action for wrongful death, an action against the 41 authority for damages for injuries to real or personal property, or for 42 the destruction thereof, or for personal injuries, alleged to have been 43 sustained, shall not be commenced more than one year AND NINETY DAYS 44 after the cause of action therefor shall have accrued, nor unless a 45 notice of [intention to commence such action and of the time when and 46 place where the damages or personal injuries were incurred or sustained, 47 together with a verified statement showing in detail the property 48 alleged to have been damaged or destroyed and the value thereof, or the 49 personal injuries alleged to have been sustained and by whom, shall have 50 been filed with the secretary of the authority in the principal office 51 of the authority within six months after such cause of action shall have 52 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 53 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 54 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 55 for wrongful death shall be commenced in accordance with the notice of S. 7641--B 15 1 claim and time limitation provisions of title eleven of article nine of 2 this chapter. 3 S 43. Subdivision 2 of section 1516 of the public authorities law, as 4 amended by chapter 804 of the laws of 1990, is amended to read as 5 follows: 6 2. Except in an action for wrongful death, an action against the 7 authority for damages for injuries to real or personal property, or for 8 the destruction thereof, or for personal injuries, alleged to have been 9 sustained, shall not be commenced more than one year AND NINETY DAYS 10 after the cause of action therefor shall have accrued, nor unless a 11 notice of [intention to commence such action and of the time when and 12 place where the damages or personal injuries were incurred or sustained, 13 together with a verified statement showing in detail the property 14 alleged to have been damaged or destroyed and the value thereof, or the 15 personal injuries alleged to have been sustained and by whom, shall have 16 been filed with the secretary of the authority in the principal office 17 of the authority within six months after such cause of action shall have 18 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 19 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 20 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 21 for wrongful death shall be commenced in accordance with the notice of 22 claim and time limitation provisions of title eleven of article nine of 23 this chapter. 24 S 44. Subdivision 2 of section 1541 of the public authorities law, as 25 amended by chapter 804 of the laws of 1990, is amended to read as 26 follows: 27 2. Except in an action for wrongful death, an action against the 28 authority for damages for injuries to real or personal property, or for 29 the destruction thereof, or for personal injuries, alleged to have been 30 sustained, shall not be commenced more than one year AND NINETY DAYS 31 after the cause of action therefor shall have accrued, nor unless a 32 notice of [intention to commence such action and of the time when and 33 place where the damages or personal injuries were incurred or sustained, 34 together with a verified statement showing in detail the property 35 alleged to have been damaged or destroyed and the value thereof, or the 36 personal injuries alleged to have been sustained and by whom, shall have 37 been filed with the secretary of the authority in the principal office 38 of the authority within six months after such cause of action shall have 39 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 40 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 41 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 42 for wrongful death shall be commenced in accordance with the notice of 43 claim and time limitation provisions of title eleven of article nine of 44 this chapter. 45 S 45. Subdivision 2 of section 1585-q of the public authorities law, 46 as amended by chapter 804 of the laws of 1990, is amended to read as 47 follows: 48 2. Except in an action for wrongful death, an action against the 49 authority for damages for injuries to real or personal property, or for 50 the destruction thereof, or for personal injuries, alleged to have been 51 sustained, shall not be commenced more than one year AND NINETY DAYS 52 after the cause of action therefor shall have accrued, nor unless a 53 notice of [intention to commence such action and of the time when and 54 place where damages or personal injuries were incurred or sustained, 55 together with a verified statement showing in detail the property 56 alleged to have been damaged or destroyed and the value thereof, or the S. 7641--B 16 1 personal injuries alleged to have been sustained and by whom, shall have 2 been filed with the secretary of the authority in the principal office 3 of the authority within six months after such cause of action shall have 4 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 5 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 6 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 7 for wrongful death shall be commenced in accordance with the notice of 8 claim and time limitation provisions of title eleven of article nine of 9 this chapter. 10 S 46. Subdivision 2 of section 1590-q of the public authorities law, 11 as amended by chapter 804 of the laws of 1990, is amended to read as 12 follows: 13 2. Except in an action for wrongful death, an action against the 14 authority for damages for injuries to real or personal property, or for 15 the destruction thereof, or for personal injuries, alleged to have been 16 sustained, shall not be commenced more than one year AND NINETY DAYS 17 after the cause of action therefor shall have accrued, nor unless a 18 notice of [intention to commence such action and of the time when and 19 place where the damages or personal injuries were incurred or sustained, 20 together with a verified statement showing in detail the property 21 alleged to have been damaged or destroyed and the value thereof, or the 22 personal injuries alleged to have been sustained and by whom, shall have 23 been filed with the secretary of the authority in the principal office 24 of the authority within six months after such cause of action shall have 25 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 26 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 27 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 28 for wrongful death shall be commenced in accordance with the notice of 29 claim and time limitation provisions of title eleven of article nine of 30 this chapter. 31 S 47. Subdivision 2 of section 1595-q of the public authorities law, 32 as added by chapter 1024 of the laws of 1968, is amended to read as 33 follows: 34 2. An action against the authority for damages, for injuries to real 35 or personal property, or for the destruction thereof, or for personal 36 injuries or death, alleged to have been sustained, shall not be 37 commenced more than one year AND NINETY DAYS after the cause of action 38 therefor shall have accrued, nor unless a notice of [intention to 39 commence such action and of the time when and place where the damages or 40 personal injuries or death were incurred or sustained, together with a 41 verified statement showing in detail the property alleged to have been 42 damaged or destroyed and the value thereof, or the personal injuries 43 alleged to have been sustained and by whom, shall have been filed with 44 the secretary of the authority in the principal office of the authority 45 within six months after such cause of action shall have accrued] CLAIM 46 SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMIT ESTAB- 47 LISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION FIFTY-E OF 48 THE GENERAL MUNICIPAL LAW. 49 S 48. Subdivision 2 of section 1596-p of the public authorities law, 50 as amended by chapter 804 of the laws of 1990, is amended to read as 51 follows: 52 2. Except in an action for wrongful death, an action against the 53 authority for damages for injuries to real or personal property, or for 54 the destruction thereof, or for personal injuries, alleged to have been 55 sustained, shall not be commenced more than one year AND NINETY DAYS 56 after the cause of action therefor shall have accrued, nor unless a S. 7641--B 17 1 notice of [intention to commence such an action and of the time when and 2 place where the damages or personal injuries were incurred or sustained, 3 together with a verified statement showing in detail the property 4 alleged to have been damaged or destroyed and the value thereof, or the 5 personal injuries alleged to have been sustained and by whom, shall have 6 been filed with the secretary of the authority in the principal office 7 of the authority within six months after such cause of action shall have 8 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 9 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 10 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 11 for wrongful death shall be commenced in accordance with the notice of 12 claim and time limitation provisions of title eleven of article nine of 13 this chapter. 14 S 49. Subdivision 2 of section 1597-p of the public authorities law, 15 as amended by chapter 804 of the laws of 1990, is amended to read as 16 follows: 17 2. Except in an action for wrongful death, an action against the 18 authority for damages for injuries to real or personal property, or for 19 the destruction thereof, or for personal injuries, alleged to have been 20 sustained, shall not be commenced more than one year AND NINETY DAYS 21 after the cause of action therefor shall have accrued, nor unless a 22 notice of [intention to commence such an action and of the time when and 23 place where the damages or personal injuries were incurred or sustained, 24 together with a verified statement showing in detail the property 25 alleged to have been damaged or destroyed and the value thereof, or the 26 personal injuries alleged to have been sustained and by whom, shall have 27 been filed with the secretary of the authority in the principal office 28 of the authority within six months after such cause of action shall have 29 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 30 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 31 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 32 for wrongful death shall be commenced in accordance with the notice of 33 claim and time limitation provisions of title eleven of article nine of 34 this chapter. 35 S 50. Subdivision 2 of section 1598-p of the public authorities law, 36 as amended by chapter 804 of the laws of 1990, is amended to read as 37 follows: 38 2. Except in an action for wrongful death, an action against the 39 authority for damages for injuries to real or personal property, or for 40 the destruction thereof, or for personal injuries, alleged to have been 41 sustained, shall not be commenced more than one year AND NINETY DAYS 42 after the cause of action therefor shall have accrued, nor unless a 43 notice of [intention to commence such action and of the time when and 44 place where the damages or personal injuries were incurred or sustained, 45 together with a verified statement showing in detail the property 46 alleged to have been damaged or destroyed and the value thereof, or the 47 personal injuries alleged to have been sustained and by whom, shall have 48 been filed with the secretary of the authority in the principal office 49 of the authority within six months after such cause of action shall have 50 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 51 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 52 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 53 for wrongful death shall be commenced in accordance with the notice of 54 claim and time limitation provisions of title eleven of article nine of 55 this chapter. S. 7641--B 18 1 S 51. Subdivision (b) of section 1599-qq of the public authorities 2 law, as amended by chapter 804 of the laws of 1990, is amended to read 3 as follows: 4 (b) Except in an action for wrongful death, an action against the 5 authority for damages for injuries to real or personal property, or for 6 the destruction thereof, or for personal injuries, alleged to have been 7 sustained, shall not be commenced more than one year AND NINETY DAYS 8 after the cause of action therefor shall have accrued, nor unless a 9 notice of [intention to commence such action and of the time when and 10 place where the damages or personal injuries were incurred or sustained, 11 together with a verified statement showing in detail the property 12 alleged to have been damaged or destroyed and the value thereof, or the 13 personal injuries alleged to have been sustained and by whom, shall have 14 been filed with the secretary of the authority in the principal office 15 of the authority within six months after such cause of action shall have 16 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 17 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 18 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 19 for wrongful death shall be commenced in accordance with the notice of 20 claim and time limitation provisions of title eleven of article nine of 21 this chapter. 22 S 52. Subdivision 2 of section 1599-qqqq of the public authorities 23 law, as amended by chapter 804 of the laws of 1990, is amended to read 24 as follows: 25 2. Except in an action for wrongful death, an action against the 26 authority for damages for injuries to real or personal property, or for 27 the destruction thereof, or for personal injuries, alleged to have been 28 sustained, shall not be commenced more than one year AND NINETY DAYS 29 after the cause of action therefor shall have accrued, nor unless a 30 notice of [intention to commence such an action and of the time when and 31 place where the damages or personal injuries were incurred or sustained, 32 together with a verified statement showing in detail the property 33 alleged to have been damaged or destroyed and the value thereof, or the 34 personal injuries alleged to have been sustained and by whom, shall have 35 been filed with the secretary of the authority in the principal office 36 of the authority within six months after such cause of action shall have 37 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 38 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 39 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 40 for wrongful death shall be commenced in accordance with the notice of 41 claim and time limitation provisions of title eleven of article nine of 42 this chapter. 43 S 53. Subdivision 2 of section 1600-qq of the public authorities law, 44 as amended by chapter 804 of the laws of 1990, is amended to read as 45 follows: 46 2. Except in an action for wrongful death, an action against the 47 authority for damages for injuries to real or personal property, or for 48 the destruction thereof, or for personal injuries, alleged to have been 49 sustained, shall not be commenced more than one year AND NINETY DAYS 50 after the cause of action therefor shall have accrued, nor unless a 51 notice of [intention to commence such action and of the time when and 52 place where the damages or personal injuries were incurred or sustained, 53 together with a verified statement showing in detail the property 54 alleged to have been damaged or destroyed and the value thereof, or the 55 personal injuries alleged to have been sustained and by whom, shall have 56 been filed with the secretary of the authority in the principal office S. 7641--B 19 1 of the authority within six months after such cause of action shall have 2 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 3 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 4 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 5 for wrongful death shall be commenced in accordance with the notice of 6 claim and time limitation provisions of title eleven of article nine of 7 this chapter. 8 S 54. Subdivision 2 of section 1617 of the public authorities law, as 9 amended by chapter 804 of the laws of 1990, is amended to read as 10 follows: 11 2. Except in an action for wrongful death, an action against the 12 authority for damages for injuries to real or personal property, or for 13 the destruction thereof, or for personal injuries, alleged to have been 14 sustained, shall not be commenced more than one year AND NINETY DAYS 15 after the cause of action therefor shall have accrued, nor unless a 16 notice of [intention to commence such action and of the time when and 17 place where the damages or personal injuries were incurred or sustained, 18 together with a verified statement showing in detail the property 19 alleged to have been damaged or destroyed and the value thereof, or the 20 personal injuries alleged to have been sustained and by whom, shall have 21 been filed with the secretary of the authority in the principal office 22 of the authority within six months after such cause of action shall have 23 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 24 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 25 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 26 for wrongful death shall be commenced in accordance with the notice of 27 claim and time limitation provisions of title eleven of article nine of 28 this chapter. 29 S 55. Subdivision 2 of section 1621-q of the public authorities law, 30 as amended by chapter 804 of the laws of 1990, is amended to read as 31 follows: 32 2. Except in an action for wrongful death, an action against the 33 authority for damages for injuries to real or personal property, or for 34 the destruction thereof, or for personal injuries, alleged to have been 35 sustained, shall not be commenced more than one year AND NINETY DAYS 36 after the cause of action therefor shall have accrued, nor unless a 37 notice of [intention to commence such action and of the time when and 38 place where the damages or personal injuries were incurred or sustained, 39 together with a verified statement showing in detail the property 40 alleged to have been damaged or destroyed and the value thereof, or the 41 personal injuries alleged to have been sustained and by whom, shall have 42 been filed with the secretary of the authority in the principal office 43 of the authority within six months after such cause of action shall have 44 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 45 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 46 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 47 for wrongful death shall be commenced in accordance with the notice of 48 claim and time limitation provisions of title eleven of article nine of 49 this chapter. 50 S 56. Subdivision 2 of section 1622-q of the public authorities law, 51 as added by chapter 489 of the laws of 1991, is amended to read as 52 follows: 53 2. Except in an action for wrongful death, an action against the 54 authority for damages for injuries to real or personal property, or for 55 the destruction thereof, or for personal injuries, alleged to have been 56 sustained, shall not be commenced more than one year AND NINETY DAYS S. 7641--B 20 1 after the cause of action therefor shall have accrued, nor unless a 2 notice of [intention to commence such an action and of the time when and 3 place where the damages or personal injuries were incurred or sustained, 4 together with a verified statement showing in detail the property 5 alleged to have been damaged or destroyed and the value thereof, or the 6 personal injuries alleged to have been sustained and by whom, shall have 7 been filed with the secretary of the authority in the principal office 8 of the authority within six months after such cause of action shall have 9 accrued] CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME 10 LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 11 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the authority 12 for wrongful death shall be commenced in accordance with the notice of 13 claim and time limitation provisions of title eleven of article nine of 14 this chapter. 15 S 57. Subdivision 2 of section 1777 of the public authorities law, as 16 amended by chapter 804 of the laws of 1990, is amended to read as 17 follows: 18 2. Except in an action for wrongful death, in a case founded upon a 19 tort, a notice of claim shall be required as a condition precedent to 20 the commencement of an action or special proceeding against the authori- 21 ty or an officer, appointee or employee thereof, and the provisions of 22 section fifty-e of the general municipal law shall govern the giving of 23 such notice. No action shall be commenced more than one year AND NINETY 24 DAYS after the cause of action therefor shall have accrued, except in an 25 action for wrongful death, which shall be commenced in accordance with 26 the notice of claim and time limitation provisions of title eleven of 27 article nine of this chapter. 28 S 58. Subdivision 2 of section 1918 of the public authorities law, as 29 amended by chapter 804 of the laws of 1990, is amended to read as 30 follows: 31 2. Except in an action for wrongful death, an action against the 32 authority founded on tort shall not be commenced more than one year AND 33 NINETY DAYS after the cause of action therefor shall have accrued, nor 34 unless a notice of claim shall have been served on the authority within 35 the time limited by, and in compliance with all the requirements of 36 section fifty-e of the general municipal law. An action against the 37 authority for wrongful death shall be commenced in accordance with the 38 notice of claim and time limitation provisions of title eleven of arti- 39 cle nine of this chapter. 40 S 59. Subdivision 2 of section 1939-g of the public authorities law, 41 as amended by chapter 804 of the laws of 1990, is amended to read as 42 follows: 43 2. Except in an action for wrongful death, an action against the 44 authority founded in tort shall not be commenced more than one year AND 45 NINETY DAYS after the cause of action therefor shall have accrued, nor 46 unless a notice of claim shall have been served on the authority within 47 the time limited by, and in compliance with all the requirements of 48 section fifty-e of the general municipal law. An action against the 49 authority for wrongful death shall be commenced in accordance with the 50 notice of claim and time limitation provisions of title eleven of arti- 51 cle nine of this chapter. 52 S 60. Subdivision 2 of section 1966 of the public authorities law, as 53 added by chapter 759 of the laws of 1967, is amended to read as follows: 54 2. In a case founded upon tort, a notice of claim shall be required as 55 a condition precedent to the commencement of an action or special 56 proceeding against the authority or an officer, appointee or employee S. 7641--B 21 1 thereof, and the provisions of section fifty-e of the general municipal 2 law shall govern the giving of such notice. No action shall be commenced 3 more than one year AND NINETY DAYS after the cause of action therefor 4 shall have accrued. 5 S 61. Section 1984 of the public authorities law, as amended by chap- 6 ter 804 of the laws of 1990, is amended to read as follows: 7 S 1984. Actions. In any case founded upon tort a notice of claim shall 8 be required as a condition precedent to the commencement of an action or 9 special proceeding against the authority or any officer, appointee or 10 employee thereof, and the provisions of section fifty-e of the general 11 municipal law shall govern the giving of such notice. An action against 12 the authority for wrongful death shall be commenced in accordance with 13 the notice of claim and time limitation provisions of title eleven of 14 article nine of this chapter. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, 15 AN ACTION AGAINST THE AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR 16 PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU- 17 RIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN 18 ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE 19 ACCRUED. 20 S 62. Section 2032 of the public authorities law, as added by chapter 21 745 of the laws of 1969, is amended to read as follows: 22 S 2032. Actions. In any case founded upon tort a notice of claim shall 23 be required as a condition precedent to the commencement of an action or 24 special proceeding against the authority or any officer, appointee or 25 employee thereof, and the provisions of section fifty-e of the general 26 municipal law shall govern the giving of such notice. EXCEPT IN AN 27 ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY FOR DAMAGES 28 FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THERE- 29 OF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT 30 BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF 31 ACTION THEREFOR SHALL HAVE ACCRUED. 32 S 63. Subdivision 2 of section 2040-i of the public authorities law, 33 as amended by chapter 804 of the laws of 1990, is amended to read as 34 follows: 35 2. Except in an action for wrongful death, an action against the 36 authority founded on tort shall not be commenced more than one year AND 37 NINETY DAYS after the cause of action therefor shall have accrued, nor 38 unless a notice of claim shall have been served on the authority within 39 the time limited by and in compliance with all the requirements of 40 section fifty-e of the general municipal law. An action against the 41 authority for wrongful death shall be commenced in accordance with the 42 notice of claim and time limitation provisions of title eleven of arti- 43 cle nine of this chapter. 44 S 64. Subdivision 2 of section 2046-i of the public authorities law, 45 as amended by chapter 804 of the laws of 1990, is amended to read as 46 follows: 47 2. Except in an action for wrongful death, an action against the agen- 48 cy founded on tort shall not be commenced more than one year AND NINETY 49 DAYS after the cause of action therefor shall have accrued, nor unless a 50 notice of claim shall have been served on the agency within the time 51 limited by and in compliance with all the requirements of section 52 fifty-e of the general municipal law. An action against the agency for 53 wrongful death shall be commenced in accordance with the notice of claim 54 and time limitation provisions of title eleven of article nine of this 55 chapter. S. 7641--B 22 1 S 65. Subdivision b of section 2087 of the public authorities law, as 2 amended by chapter 804 of the laws of 1990, is amended to read as 3 follows: 4 b. Except in an action for wrongful death, an action against the 5 authority founded in tort shall not be commenced more than one year AND 6 NINETY DAYS after the cause of action therefor shall have accrued, nor 7 unless a notice of claim shall have been served on the authority within 8 the time limited by, and in compliance with all the requirements of 9 section fifty-e of the general municipal law. An action against the 10 authority for wrongful death shall be commenced in accordance with the 11 notice of claim and time limitation provisions of title eleven of arti- 12 cle nine of this chapter. 13 S 66. Subdivision 2 of section 2332 of the public authorities law, as 14 added by chapter 915 of the laws of 1969, is amended to read as follows: 15 2. In a case founded upon tort, a notice of claim shall be required as 16 a condition precedent to the commencement of an action or special 17 proceeding against the authority or an officer, appointee or employee 18 thereof, and the provisions of section fifty-e of the general municipal 19 law shall govern the giving of such notice. No action shall be commenced 20 more than one year AND NINETY DAYS after the cause of action therefor 21 shall have accrued. 22 S 67. Section 2416 of the public authorities law, as added by chapter 23 612 of the laws of 1970, the closing paragraph as amended by chapter 804 24 of the laws of 1990, is amended to read as follows: 25 S 2416. Actions. In any case founded upon tort a notice of claim shall 26 be required as a condition precedent to the commencement of an action or 27 special proceeding against the agency or any officer, appointee or 28 employee thereof, and the provisions of section fifty-e of the general 29 municipal law shall govern the giving of such notice. 30 Except in an action for wrongful death, no action shall be commenced 31 (a) prior to the expiration of thirty days from the date on which the 32 demand, claim or claims upon which the action is founded were presented 33 to a director of the agency or other officer thereof designated for such 34 purpose nor (b) more than one year AND NINETY DAYS after the cause of 35 action therefor shall have accrued. An action against the agency for 36 wrongful death shall be commenced in accordance with the notice of claim 37 and time limitation provisions of title eleven of article nine of this 38 chapter. 39 S 68. Section 2447 of the public authorities law, as added by chapter 40 902 of the laws of 1972, the closing paragraph as amended by chapter 804 41 of the laws of 1990, is amended to read as follows: 42 S 2447. Actions. In any case founded upon tort a notice of claim shall 43 be required as a condition precedent to the commencement of an action or 44 special proceeding against the agency or any officer, appointee or 45 employee thereof, and the provisions of section fifty-e of the general 46 municipal law shall govern the giving of such notice. 47 Except in an action for wrongful death, no action shall be commenced 48 (a) prior to the expiration of thirty days from the date on which the 49 demand, claim or claims upon which the action is founded were presented 50 to a director of the agency or other officer thereof designated for such 51 purpose nor (b) more than one year AND NINETY DAYS after the cause of 52 action therefor shall have accrued. An action against the agency for 53 wrongful death shall be commenced in accordance with the notice of claim 54 and time limitation provisions of title eleven of article nine of this 55 chapter. S. 7641--B 23 1 S 69. Section 2570 of the public authorities law, as amended by chap- 2 ter 804 of the laws of 1990, is amended to read as follows: 3 S 2570. Actions. A notice of claim, served in accordance with the 4 provisions of section fifty-e of the general municipal law, shall be a 5 condition precedent to the commencement of an action against the corpo- 6 ration, its directors, officers, employees or agents. No such action 7 shall be commenced more than one year AND NINETY DAYS after it has 8 accrued, except that an action against the corporation for wrongful 9 death shall be commenced in accordance with the notice of claim and time 10 limitation provisions of title eleven of article nine of this chapter. 11 S 70. Subdivision 2 of section 2638 of the public authorities law, as 12 amended by chapter 804 of the laws of 1990, is amended to read as 13 follows: 14 2. In a case founded upon tort, a notice of claim shall be required as 15 a condition precedent to the commencement of an action or special 16 proceeding against the commission or an officer, appointee or employee 17 thereof, and the provisions of section fifty-e of the general municipal 18 law shall govern the giving of such notice. No action shall be commenced 19 more than one year AND NINETY DAYS after the cause of action therefor 20 shall have accrued, except an action against the commission for wrongful 21 death shall be commenced in accordance with the notice of claim and time 22 limitation provisions of title eleven of article nine of this chapter. 23 S 71. Subdivision 2 of section 376-a of the education law, as amended 24 by chapter 804 of the laws of 1990, is amended to read as follows: 25 2. Except in an action for wrongful death, an action against the fund 26 for damages for injuries to real or personal property, or for the 27 destruction thereof, or for personal injuries, alleged to have been 28 sustained, shall not be commenced more than one year and ninety days 29 after the cause of action therefor shall have accrued, nor unless a 30 notice of [intention to commence such action and of the time when and 31 place where the damages or personal injuries were incurred or sustained, 32 together with a verified statement showing in detail the property 33 alleged to have been damaged or destroyed and the value thereof, or the 34 personal injuries, alleged to have been sustained, and by whom, shall 35 have been filed with a trustee or officer of the fund in the principal 36 office of the fund within ninety days after such cause of action shall 37 have accrued] CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME 38 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 39 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the fund for 40 wrongful death shall be commenced in accordance with the notice of claim 41 and time limitation provisions of title eleven of article nine of the 42 public authorities law. 43 S 72. Subdivision 3 of section 467 of the education law, as amended by 44 chapter 804 of the laws of 1990, is amended to read as follows: 45 3. Except in an action for wrongful death, an action against the fund 46 for damages for injuries to real or personal property, or for the 47 destruction thereof, or for personal injuries, alleged to have been 48 sustained, shall not be commenced more than one year and ninety days 49 after the cause of action therefor shall have accrued, nor unless a 50 notice of [intention to commence such action and of the time when and 51 place where the damages or personal injuries were incurred or sustained, 52 together with a verified statement showing in detail the property 53 alleged to have been damaged or destroyed and the value thereof, or the 54 personal injuries, alleged to have been sustained, and by whom, shall 55 have been filed with a trustee or officer of the fund in the principal 56 office of the fund within ninety days after such cause of action shall S. 7641--B 24 1 have accrued] CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME 2 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 3 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the fund for 4 wrongful death shall be commenced in accordance with the notice of claim 5 and time limitation provisions of title eleven of article nine of the 6 public authorities law. 7 S 73. Subdivision 3 of section 491 of the education law, as amended by 8 chapter 804 of the laws of 1990, is amended to read as follows: 9 3. Except in an action for wrongful death, an action against the fund 10 for damages for injuries to real or personal property, or for the 11 destruction thereof, or for personal injuries, alleged to have been 12 sustained, shall not be commenced more than one year and ninety days 13 after the cause of action therefor shall have accrued, nor unless a 14 notice of [intention to commence such action and of the time when and 15 place where the damages or personal injuries were incurred or sustained, 16 together with a verified statement showing in detail the property 17 alleged to have been damaged or destroyed and the value thereof, or the 18 personal injuries, alleged to have been sustained, and by whom, shall 19 have been filed with a trustee or officer of the fund in the principal 20 office of the fund within ninety days after such cause of action shall 21 have accrued] CLAIM SHALL HAVE BEEN SERVED ON THE FUND WITHIN THE TIME 22 LIMIT ESTABLISHED BY, AND IN COMPLIANCE WITH ALL REQUIREMENTS OF SECTION 23 FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action against the fund for 24 wrongful death shall be commenced in accordance with the notice of claim 25 and time limitation provisions of title eleven of article nine of the 26 public authorities law. 27 S 74. Section 41.29 of the mental hygiene law, as amended by chapter 28 588 of the laws of 1973 and as renumbered by chapter 978 of the laws of 29 1977, is amended to read as follows: 30 S 41.29 Liability of local government. 31 Any local government which has established a local governmental unit 32 shall save harmless and protect the members of the board and officers 33 and employees of such unit from financial loss arising out of any claim, 34 demand, suit, or judgment by reason of alleged negligence or other act 35 resulting in accidental bodily harm or injury to any person, provided 36 such board member, officer, or employee at the time of the accident or 37 injury was acting in the discharge of his duties within the scope of his 38 employment under this article. No action shall be maintained under this 39 section against such a local government, board member, officer, or 40 employee unless a notice of claim shall have been made and served in 41 compliance with section fifty-e of the general municipal law. EXCEPT IN 42 AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST SUCH A LOCAL GOVERNMENT, 43 BOARD MEMBER, OFFICER, OR EMPLOYEE FOR DAMAGES FOR INJURIES TO REAL OR 44 PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU- 45 RIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE COMMENCED MORE THAN 46 ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE 47 ACCRUED. 48 S 75. Subdivision 1 of section 667 of the private housing finance law, 49 as amended by chapter 804 of the laws of 1990 and as designated by chap- 50 ter 702 of the laws of 1992, is amended to read as follows: 51 1. Except in an action for wrongful death, in any case founded upon 52 tort a notice of claim shall be required as a condition precedent to the 53 commencement of an action or special proceeding against the corporation, 54 any of its subsidiary corporations, or any officer, appointee or employ- 55 ee thereof, and the provisions of section fifty-e of the general munici- 56 pal law shall govern the giving of such notice. An action for wrongful S. 7641--B 25 1 death shall be commenced in accordance with the notice of claim and time 2 limitation provisions of title eleven of article nine of the public 3 authorities law. ANY OTHER ACTION AGAINST THE CORPORATION, ANY OF ITS 4 SUBSIDIARY CORPORATIONS, OR ANY OTHER OFFICER, APPOINTEE OR EMPLOYEE 5 THEREOF FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR 6 THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN 7 SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS 8 AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED. 9 S 76. Subdivision 3 of section 12 of section 1 of chapter 359 of the 10 laws of 1968, constituting the facilities development corporation act, 11 as amended by chapter 804 of the laws of 1990, is amended to read as 12 follows: 13 3. Except in an action for wrongful death, an action against the 14 corporation for damages for injuries to real or personal property, or 15 for the destruction thereof, or for personal injuries, alleged to have 16 been sustained, shall not be commenced more than one year and ninety 17 days after the cause of action therefor shall have accrued, nor unless a 18 notice of [intention to commence such action and of the time when and 19 place where the damages or personal injuries were incurred or sustained, 20 together with a verified statement showing in detail the property 21 alleged to have been damaged or destroyed and the value thereof, or the 22 personal injuries, alleged to have been sustained, and by whom, shall 23 have been filed with a member or officer of the corporation in the prin- 24 cipal office of the corporation within ninety days after such cause of 25 action shall have accrued] CLAIM SHALL HAVE BEEN SERVED ON THE CORPO- 26 RATION WITHIN THE TIME LIMIT ESTABLISHED BY AND IN COMPLIANCE WITH ALL 27 REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW. An action 28 against the corporation for wrongful death shall be commenced in accord- 29 ance with the notice of claim and time limitation provisions of title 30 eleven of article nine of the public authorities law. 31 S 77. Subdivision a of section 19-152.2 of the administrative code of 32 the city of New York, as amended by local law number 104 of the city of 33 New York for the year 1993, is amended to read as follows: 34 a. A claim against the department arising from the city's performance 35 pursuant to section 19-152 of the code shall be initiated within one 36 year from the date of entry of a notice of account [by filing] IF THE 37 CLAIMANT SHALL HAVE FILED a notice of claim with the office of the comp- 38 troller of the city of New York WITHIN THE TIME LIMIT ESTABLISHED BY, 39 AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE 40 GENERAL MUNICIPAL LAW. The claim forms shall be provided to property 41 owners upon request at no cost. 42 S 78. Chapter 154 of the laws of 1921, relating to the port authority 43 of New York and New Jersey is amended by adding a new article XI-A to 44 read as follows: 45 ARTICLE XI-A 46 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EVERY 47 ACTION AGAINST THE AUTHORITY FOR DAMAGES OR INJURIES TO REAL OR PERSONAL 48 PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR 49 WRONGFUL DEATH SHALL NOT BE COMMENCED UNLESS A NOTICE OF CLAIM SHALL 50 HAVE BEEN SERVED ON THE AUTHORITY IN THE MANNER PROVIDED FOR IN THE 51 STATE WHERE THE ACTION IS COMMENCED, AND IN COMPLIANCE WITH THE PERTI- 52 NENT STATUTES OF THE STATE RELATING GENERALLY TO ACTIONS COMMENCED 53 AGAINST THAT STATE AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF THE 54 LAWS OF THAT STATE. WHERE SUCH STATE'S LAW PERMITS SERVICE UPON A 55 DEPARTMENT OF THAT STATE IN LIEU OF SERVICE UPON THE PUBLIC ENTITY, 56 SERVICE MAY BE MADE PURSUANT TO SUCH LAW. EXCEPT IN AN ACTION FOR WRONG- S. 7641--B 26 1 FUL DEATH AGAINST SUCH AN ENTITY, AN ACTION FOR DAMAGES OR FOR INJURIES 2 TO REAL OR PERSONAL PROPERTY, OR FOR THE DESTRUCTION THEREOF, OR FOR 3 PERSONAL INJURIES, ALLEGED TO HAVE BEEN SUSTAINED, SHALL NOT BE 4 COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION 5 THEREFOR SHALL HAVE ACCRUED OR WITHIN THE TIME PERIOD OTHERWISE 6 PRESCRIBED BY ANY SPECIAL PROVISION OF LAW OF THAT STATE, WHICHEVER IS 7 LONGER. 8 S 79. This act shall take effect on the one hundred eightieth day 9 after it shall have become a law and shall apply to all actions and 10 proceedings accruing on or after such date; provided, however, that 11 section seventy-eight of this act shall take effect upon the enactment 12 into law by the state of New Jersey of legislation having an identical 13 effect as section seventy-eight of this act, but if the state of New 14 Jersey shall have enacted such legislation into law prior to the first 15 day of January next succeeding the date upon which this act shall have 16 become a law, section seventy-eight of this act shall take effect on the 17 one hundred eightieth day from the date upon which it shall have become 18 a law; provided further, however, that the state of New Jersey shall 19 notify the legislative bill drafting commission upon the occurrence of 20 the enactment of the provisions provided for in this act in order that 21 the commission may maintain an accurate and timely effective data base 22 of the official text of the laws of the state of New York in furtherance 23 of effecting the provisions of section 44 of the legislative law and 24 section 70-b of the public officers law.