2006 New York Code - Actions Against The City.



 
    §  7-201  Actions  against  the  city.  a.  In every action or special
  proceeding prosecuted or maintained against the city, the  complaint  or
  necessary moving papers shall contain an allegation that at least thirty
  days  have  elapsed  since  the demand, claim or claims, upon which such
  action  or  special  proceeding  is  founded,  were  presented  to   the
  comptroller  for  adjustment,  and that the comptroller has neglected or
  refused to make an adjustment or payment thereof for thirty  days  after
  such  presentment,  except that in every action or special proceeding in
  relation to excise or non-property taxes, such  complaint  or  necessary
  moving  papers  shall  contain  an allegation that such demand, claim or
  claims upon which the action or  special  proceeding  is  founded,  were
  presented  to  the  commissioner  of finance for adjustment and that the
  commissioner has neglected or refused to make an adjustment  or  payment
  thereof for thirty days after such presentment.
    b.  An  action  against  the city, for damages for injuries to real or
  personal property, or for the destruction thereof, alleged to have  been
  sustained  by  reason  of  the  negligence  of,  or  by  the creation or
  maintenance of a nuisance by the city, or any agency thereof,  shall  be
  commenced  within one year after the cause of action therefor shall have
  accrued, provided that a notice of the intention to commence such action
  and of the time when and  place  where  the  damages  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,  shall  have  been filed with the comptroller within six months
  after such cause of action shall have accrued.
    c. 1. As used in this subdivision:
    (a)  The  term  "street"  shall  include  the  curbstone,  an  avenue,
  underpass,  road,  alley,  lane,  boulevard, concourse, parkway, road or
  path within a park, park approach, driveway, thoroughfare,  public  way,
  public square, public place, and public parking area.
    (b)   The  term  "sidewalk"  shall  include  a  boardwalk,  underpass,
  pedestrian walk or path, step and stairway.
    (c) The term "bridge" shall include a viaduct and an overpass.
    2. No civil action shall be maintained against the city for damage  to
  property  or  injury  to person or death sustained in consequence of any
  street, highway, bridge, wharf, culvert, sidewalk or crosswalk,  or  any
  part  or  portion  of  any  of  the foregoing including any encumbrances
  thereon or attachments thereto, being out of repair,  unsafe,  dangerous
  or  obstructed,  unless it appears that written notice of the defective,
  unsafe, dangerous or obstructed condition, was  actually  given  to  the
  commissioner of transportation or any person or department authorized by
  the  commissioner  to  receive  such notice, or where there was previous
  injury to person or property  as  a  result  of  the  existence  of  the
  defective, unsafe, dangerous or obstructed condition, and written notice
  thereof was given to a city agency, or there was written acknowledgement
  from  the  city  of  the  defective,  unsafe,  dangerous  or  obstructed
  condition, and there was a failure or neglect within fifteen days  after
  the  receipt  of  such  notice to repair or remove the defect, danger or
  obstruction complained of, or the place otherwise made reasonably safe.
    3. The commissioner of transportation shall keep an indexed record  in
  a  separate  book  of  all  written  notices which the city receives and
  acknowledgement of which  the  city  gives  of  the  existence  of  such
  defective,  unsafe,  dangerous  or  obstructed  conditions, which record
  shall state the date of receipt of each  such  notice,  the  nature  and
  location  of  the  condition stated to exist and the name and address of
  the person from whom the notice is received.  This  record  shall  be  a
  public  record.  The  record  of  each notice shall be maintained in the
  department of transportation for a period of three years after the  date

on which it is received and shall be preserved in the municipal archives for a period of not less than ten years. 4. Written acknowledgement shall be given by the department of transportation of all notices received by it.

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