2006 New York Code - Presentation Of Tort Claims; Commencement Of Actions.



 
    §  50-i.  Presentation of tort claims; commencement of actions. 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
  district  in  compliance  with  section  fifty-e of this chapter, (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
  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.
    2. This section shall be applicable notwithstanding  any  inconsistent
  provisions  of  law,  general,  special  or  local,  or  any  limitation
  contained in the provisions of any city charter.
    3. Nothing contained herein or in  section  fifty-h  of  this  chapter
  shall  operate  to  extend the period limited by subdivision one of this
  section for the commencement of an action or special proceeding.

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