§ 467 — Actions by and against fund

New York § 467

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 10: New York City Educational Construction Fund

Text

§ 467. Actions by and against fund. 1. The state supreme court shall\nhave exclusive jurisdiction of any action, suit or special proceeding\nbrought by or against or involving the fund. The venue of any action,\nsuit or special proceeding brought against the fund shall be laid in the\ncity and county of New York.\n 2. In every action against the fund for damages, for injuries to real\nor personal property, or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a trustee or officer of\nthe fund and that the fund has neglected or refused to make an\nadjustment or payment thereof for thirty days after such presentment.\n 3. Except in an action for wrongful death, an action against the fund\nfor damages for injuries to real or personal property, or for the\ndestruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the fund within the time limit\nestablished by, and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the fund for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of the\npublic authorities law.\n