2006 New York Code - Notices Of Claim And Commencement Of Actions Against The Fund.



 
    § 376-a. Notices  of  claim  and  commencement  of actions against the
  fund.  1. In every action against the fund for damages for  injuries  to
  real  or  personal  property,  or  for  the  destruction thereof, or for
  personal injuries or death, the complaint shall  contain  an  allegation
  that at least thirty days have elapsed since the demand, claim or claims
  upon which such action is founded were presented to a trustee or officer
  of  the  fund  and  that  the  fund  has neglected or refused to make an
  adjustment or payment thereof for thirty days after such presentment.
    2. Except in an action for wrongful death, an action against the  fund
  for  damages  for  injuries  to  real  or  personal property, or for the
  destruction thereof, or for personal  injuries,  alleged  to  have  been
  sustained,  shall  not  be  commenced more than one year and ninety days
  after the cause of action therefor shall  have  accrued,  nor  unless  a
  notice  of  intention  to  commence such action and of the time when and
  place where the damages or personal injuries were incurred or sustained,
  together with a  verified  statement  showing  in  detail  the  property
  alleged  to have been damaged or destroyed and the value thereof, or the
  personal injuries, alleged to have been sustained, and  by  whom,  shall
  have  been  filed with a trustee or officer of the fund in the principal
  office of the fund within ninety days after such cause of  action  shall
  have  accrued.  An  action  against the fund for wrongful death shall be
  commenced in accordance with the notice of  claim  and  time  limitation
  provisions  of  title  eleven  of article nine of the public authorities
  law.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.