2006 New York Code - Notice To Be Served.



 
    §  3.  Notice to be served. No action for recovery of compensation for
  injury or death under this article shall be maintained unless notice  of
  the  time, place and cause of the injury is given to the employer within
  one hundred and twenty days and the action is commenced within one  year
  after  the  occurrence  of the accident causing the injury or death. The
  notice required by this section shall be in writing and  signed  by  the
  person  injured  or  by  some one in his behalf, but if from physical or
  mental incapacity it is impossible for the person injured to give notice
  within the time provided in this section, he may give  the  same  within
  ten  days after such incapacity is removed. In case of his death without
  having given such notice, his executor or administrator  may  give  such
  notice  within sixty days after his appointment, but no notice under the
  provisions of this section shall be deemed to be invalid or insufficient
  solely by reason of any inaccuracy in stating the time, place  or  cause
  of  the injury if it be shown that there was no intention to mislead and
  that the party entitled to notice was not in  fact  misled  thereby.  If
  such notice does not apprise the employer of the time, place or cause of
  injury,  he may, within eight days after service thereof, serve upon the
  sender a written demand for a further notice, which demand must  specify
  the particular in which the first notice is claimed to be defective, and
  a  failure  by the employer to make such demand as herein provided shall
  be a waiver of all defects that the notice may contain. After service of
  such demand as herein provided, the sender of such notice may at anytime
  within eight  days  thereafter  serve  an  amended  notice  which  shall
  supersede  such  first  notice  and  have the same effect as an original
  notice hereunder. The notice required by this section shall be served on
  the employer, or if there is more than one employer, upon  one  of  such
  employers,  and  may  be  served  by  delivering  the  same to or at the
  residence or place of business of the person on whom it is to be served.
  The notice or demand may be served by post by letter  addressed  to  the
  person  on whom it is to be served, at his last known place of residence
  or place of business, and if served by post shall be deemed to have been
  served at the  time  when  the  letter  containing  the  same  would  be
  delivered  in  the  ordinary  course of the post. When the employer is a
  corporation, notice shall be served by delivering the same or by sending
  it by post addressed to the office or principal  place  of  business  of
  such corporation.

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