What's happening
This bill gives the New York Court of Claims exclusive authority to hear certain lawsuits against the Hudson River Park Trust for property damage or personal injury.
Why it matters
Centralizes legal claims. By giving the Court of Claims exclusive authority, the bill streamlines where individuals can file lawsuits against the Hudson River Park Trust for property damage or personal injury, reducing confusion over jurisdiction and potentially creating more predictable legal outcomes.
Aligns Trust liability with state standards. The Trust will now be treated similarly to state agencies in terms of how claims are filed and adjudicated, which could affect both how plaintiffs pursue damages and how the Trust manages its risk and defense strategies.
Impacts how judgments are paid. Awards and judgments from these lawsuits will be paid from state appropriations, not directly from the Trust’s own budget, potentially influencing the state’s financial planning and the Trust’s willingness to settle or contest claims.
May influence claimant behavior. Moving these cases to the Court of Claims, which is generally less jury-driven and has its own procedural norms, could affect the likelihood and size of settlements, as well as the speed and accessibility of the claims process for injured parties.
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Allow Lawsuits Against Park Trust
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Lawsuits Against Park Trust
In Senate Committee · Rules · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11212
IN ASSEMBLY
June 14, 2018
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried) -- read once and referred to the Committee on Judiciary
AN ACT to amend the Hudson river park act, in relation to conferring jurisdiction upon the court of claims to hear and determine certain claims brought against the Hudson River park trust
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11 of chapter 592 of the laws of 1998, constituting the Hudson river park act, is amended to read as follows:
§ 11. [Notice of tort] Claims. (a) In an action against the trust founded upon tort, [(a)] a notice of claim shall be required as a condition precedent to the commencement of an action or special proceeding against the trust or any officer, appointee or employee thereof, and the provisions of section 50-e of the general municipal law shall govern the giving of such notice [and (b) the].
(b) The complaint shall contain an allegation that at least 30 days have elapsed since the demand, claim or claims upon which the action is founded were presented to a member of the trust's board of directors and to the trust's secretary and that the trust has neglected or refused to make an adjustment or payment thereof for 30 days after such presentment. No such action shall be commenced more than one year after the cause of action therefor shall have accrued, except action against the trust for wrongful death which is commenced in accordance with the notice of claim and time limitation provisions of title 11 of article 9 of the public authorities law.
(c) The venue of any action or proceeding against the trust or its members, officers, employees or agents, or in which any question arises as to the validity of any section of this act, shall be laid in the county in which the principal office of the trust is located.
(d) Notwithstanding subdivision (c) of this section, exclusive jurisdiction is hereby conferred upon the court of claims to hear and determine any claim of any person brought hereafter against the trust to recover damages for injuries to property or for personal injury arising out of the trust's (i) exercise of duties on real property owned by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16295-01-8
A. 11212 2
state pursuant to this act or (ii) possessory interest in any real property owned by the state, in the same manner and to the extent provided and subject to the provisions of the court of claims act with respect to claims against the state, and to make awards and render judgments therefor. The payment of awards and judgments for any such claims brought in the court of claims shall be made from appropriations for judgments against the state pursuant to section 20 of the court of claims act.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.