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- Referred to cities
- Referred to cities
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Sponsor's memo
BILL NUMBER:S1093
Title of bill
An act to amend the general municipal law, in relation to filing a notice of claim in New York city
Purpose or general idea of bill
The purpose of the bill is to allow the tolling of the time otherwise limited for filing the Notice of Claim in a city with a population of one million or more if a person notifies the responsible agency in writing within ninety days after such claim arises.
Summary of provisions
Section 1: Amends subdivision 1 of section 50-e of the general municipal law by adding a new paragraph (a-1) to allow extending the time otherwise limited for filing the notice of claim against a public corporation in a city with a population of one million of more if a person notifies the responsible agency in writing within ninety days after such claim arises. The time is extended until the responsible agency provides a determination in writing detailing what actions that the agency shall take to resolve the claim. However, the time within which the notice of claim must be filed shall not be extended beyond one year after the cause of action accrues.
Section 2: Amends subdivision 1 of section 50-i of the general municipal law by extending the time limit for commencing an action or special proceeding against a public corporation to two years after the cause of action accrues in a city with a population of one million or more. This extension is allowed where a person notifies the responsible agency pursuant to paragraph (a-1) of subdivision one of section 50-e of the general municipal law.
Section 3: This act shall take effect immediately.
Justification
The current law requires that as a condition precedent to commencing an action or special proceeding against a public corporation (i.e. the City of New York or one of its agencies or departments), a notice of claim must be served on the public corporation within 90 days after the claim accrues.
The problem arises when the affected person notifies a responsible city agency, but fails to file a notice of claim, with the expectation that the agency will investigate and address the issue. Several months can elapse before the City agency notifies the individual of their findings. In a case where the City agency makes an adverse determination 90 days after the claim arises, the affected individual would be time-barred from filing a notice of claim.
This legislation would allow the affected person to file a notice of claim after the 90-day period where such person notifies the responsible agency regarding the claim in writing within 90 days after the claim arises. In addition, it would extend the time limit for commencing an action or special proceeding against a public
corporation in order to be consistent with the newly established time limit for filing the notice of claim.
Prior legislative history
None
Fiscal implications for state and local governments
None known.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.