2006 New York Code - Notice Of Claim; Action Against Corporation.



 
    § 618. Notice of claim; action against corporation. 1. In every action
  against  the  corporation  for damages, for injuries to real or personal
  property, or for the destruction thereof, or for personal injuries,  the
  complaint  shall  contain  an  allegation that at least thirty days have
  elapsed since notice of claim was presented to the corporation and  that
  the  corporation  has  neglected  or  refused  to  make an adjustment or
  payment thereof for thirty days after such presentment.
    2. The notice of claim shall be in writing, sworn to by or  on  behalf
  of the claimant, and shall set forth:
    a.  The  name  and  post  office  address of each claimant, and of his
  attorney if any;
    b. The nature of the claim;
    c. The time when, the place where and the manner in  which  the  claim
  arose; and
    d.  The  items of damage or injuries claimed to have been sustained so
  far as then practicable to determine.
    3. The notice shall be served on the corporation by delivering a  copy
  thereof,  in duplicate, personally or by registered mail, to an officer,
  director or to any other agent authorized by appointment to receive such
  service.
    4. The corporation may require any person presenting  a  claim  to  be
  sworn  before a person authorized by the laws of the state to administer
  oaths, and when so sworn, to answer orally as to any facts  relative  to
  the claim.
    5.    Except  in  an  action for wrongful death, an action against the
  corporation shall not be commenced more than one year  and  ninety  days
  after  the  cause  of  action  thereof  shall have accrued, nor unless a
  notice of claim as required in subdivisions one and two of this  section
  and  served as set forth in subdivision three of this section shall have
  been served upon the corporation within ninety days after such cause  of
  action  shall  have  accrued.  An  action  against  the  corporation 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.
    6.  All  actions  against  the corporation of whatever nature shall be
  brought and the place of trial shall be in the county within the city in
  which the cause of action arose, or if it arose outside of the city,  in
  the  county  of  New  York.  In  no  event  shall  an action against the
  corporation be brought or the trial be held in the small claims part  of
  the New York city civil court.

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