What's happening
This bill gives the New York Court of Claims authority to hear certain claims against the Hudson River Park Trust for property damage or personal injury.
Why it matters
Expands legal accountability for the Hudson River Park Trust. by allowing individuals to bring claims for property damage or personal injury directly to the New York Court of Claims—mirroring how claims are handled against the state itself—rather than only through municipal procedures.
Streamlines the claims process for plaintiffs. by centralizing jurisdiction within the Court of Claims, potentially reducing confusion or conflicting rulings that might arise if cases were split among different courts.
Ensures compensation for successful claims is paid from state appropriations. , explicitly tying any awards or judgments to existing funds set aside for claims against the state, which may affect budgeting and financial planning for both the Trust and the state.
Clarifies the scope of the Trust’s legal exposure. by specifying that claims must arise from the Trust’s actions on, or possessory interest in, state-owned property, thus drawing a clear line around when the Trust can be sued under this new regime.
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Who cares
Headline styles
Allow Lawsuits Against Park Trust
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
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 Assembly Committee · Judiciary · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9059
IN SENATE
June 15, 2018
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
S. 9059 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.
Sponsor's memo
Title of bill
An act to amend the Hudson river park act, in relation to conferring jurisdiction upon the court of claims to hear and deter- mine certain claims brought against the Hudson River park trust
Purpose or general idea of bill
To require that certain claims brought against the Hudson River Park Trust be commenced in the New York State Court of Claims.
Summary of specific provisions
Section 11 of the Hudson River Park Act would be amended to confer exclusive jurisdiction upon the Court of Claims to hear and determine any claim of any person brought against the Trust to recover damages for property damage or bodily injury arising out of the Trust's (i) exercise of duties on real property owned by the state pursuant to the act or (ii) possessory interest in any real property owned by New York State. The amendment would take effect immediately and would apply to applica- ble actions in which an action has not yet commenced by the filing and service of a complaint, notwithstanding that the incident that is the subject of a complaint or a notice of claim regarding such incident has been sent to the trust prior to the enactment of this amendment.
Existing law
Section 5 of the 2013 Act Amendment, 2013 Laws of New York chapter 517 ("2013 Amendment") amended Section 7(b)(3) of the Act to require that the Trust's lease with New York State and New York City be modified so that "insurance, - defense and indemnification obligations run from the state or city, as the case may be, to the trust in connection with and to the extent of any and all bodily injury or property damage claims alleged to occur on or relate to their respective real property in the park and to eliminate any obligations on the part of the trust in such lease agreements to provide insurance, defense, or indemnification to the state or city as the case may be."
The Act is silent as to jurisdiction for commencement of claims regard- ing real property owned by New York State to satisfy the insurance, indemnification and defense obligations set forth in the 2013 Amendment.
Justification
Unlike many public authorities, all state parks and other entities that have their lawsuits and cases automatically directed to and brought up in the NYS Court of Claims, the Hudson River Park Trust, a Public Bene- fit Corporation, is sued in NYS Supreme Court. The Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York or certain other State-related entities such as the New York State Thruway Authority, the City University of New York. The Park is located on land owned by the New York State and the New York City.
Prior legislative history
None
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.