What's happening
This bill extends the time for filing and commencing certain claims against New York City agencies to up to two years if written notice is given within ninety days.
Why it matters
Increases access to justice for claimants. by giving individuals more time (up to two years) to file lawsuits against New York City agencies if they notify the responsible agency in writing within 90 days, which could help people who need more time due to injury, complexity, or other hardships.
Encourages early communication and possible resolution. between claimants and agencies, since the extension only applies if written notice is given within the first 90 days, potentially leading to faster settlements or corrective actions before litigation.
Applies specifically to New York City. , meaning residents in the largest city in the state (and the country) will have more generous timelines than those elsewhere in New York, reflecting the complexity and scale of city operations and possibly setting a precedent for other large municipalities.
May impact agency risk management and budgeting. , as city agencies could face claims and lawsuits for a longer period, requiring adjustments in how they handle potential liabilities and claims processes.
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Who cares
Headline styles
Extend Claim Filing Deadlines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1495
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the general municipal law, in relation to filing a notice of claim in New York city
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 50-e of the general municipal law is amended by adding a new paragraph (a-1) to read as follows:
(a-1) Notwithstanding the provisions of paragraph (a) of this subdivision, in a city with a population of one million or more, where a person notifies the responsible agency in writing within ninety days after such claim arises, the time otherwise limited for filing the notice of claim is extended until such time that 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 by this provision beyond one year after the cause of action accrues.
§ 2. Subdivision 1 of section 50-i of the general municipal law, as amended by chapter 24 of the laws of 2013, is amended to read as follows:
1. No action or special proceeding shall be prosecuted or maintained against a city, county, town, village, fire district or school district for personal injury, wrongful death or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such city, county, town, village, fire district or school district or of any officer, agent or employee thereof, including volunteer firemen of any such city, county, town, village, fire district or school district or any volunteer fireman whose services have been accepted pursuant to the provisions of section two hundred nine-i of this chapter, unless, (a) a notice of claim shall have been made and served upon the city, county, town, village, fire district or school
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00814-01-7
S. 1495 2
district in compliance with section fifty-e of this article, (b) it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice, or if service of the notice of claim is made by service upon the secretary of state pursuant to section fifty-three of this article, that at least forty days have elapsed since the service of such notice, and that adjustment or payment thereof has been neglected or refused, [and] (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based; except that wrongful death actions shall be commenced within two years after the happening of the death, and (c-1) notwithstanding the provisions of paragraph (c) of this subdivision, in a city with a population of one million or more, where a person notifies the responsible agency pursuant to paragraph (a-1) of subdivision one of section fifty-e of this article, the time otherwise limited for commencing the action shall be two years after the cause of action accrues.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S.1093 2014: S.6151
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.