§ 6224 — Claims against city university

New York § 6224

• Jurisdiction: New York
• Law EDN: Education
• Title 7: State and City Colleges and Institutions-cornell University
• Art. 125: City University of New York

Text

§ 6224. Claims against city university. 1. The provisions of sections\nfifty-e and fifty-i of the general municipal law shall, notwithstanding\nany inconsistent provision of law, continue to apply to actions and\nproceedings based on a cause of action involving a community college of\nthe city university of New York or an officer, agent, servant or\nemployee of such community college acting in the course of his\nemployment. The provisions of subdivisions four, five and six of this\nsection shall not apply to such actions and proceedings.\n 2. No action or proceeding based on a cause of action involving a\ncommunity college of the city university of New York or an officer,\nagent, servant or employee of such community college acting in the\ncourse of his employment may be prosecuted or maintained unless it shall\nappear by and as an allegation in the complaint or necessary moving\npapers that at least thirty days have elapsed since a demand setting\nforth the underlying basis for such matter was presented to the city\nuniversity for adjustment, and that the officers or bodies having the\npower to adjust or pay such demand have neglected or refused to make an\nadjustment or payment thereof for thirty days, after such presentment.\n 3. The city university may require any person presenting to it for\nsettlement an account or claim for any cause whatever against it to be\nsworn before it or a committee thereof, or before any person designated\nby such board of trustees touching such account or claim, and when so\nsworn, to answer orally as to any facts relative to the justness of such\naccount or claim. A trustee or any person designated as hereinbefore\nstated shall have the power to administer an oath to any person who\nshall give testimony to the justness of such account or claim. Willful\nfalse swearing before the board of trustees, a committee thereof or any\nperson designated as hereinbefore stated shall be perjury and punishable\nas such.\n 4. Exclusive jurisdiction is hereby conferred upon the court of claims\nto hear, audit and determine the claims of any person against the city\nuniversity of New York (a) for wrongful death, (b) in connection with\ncauses of action sounding in tort alleged to have been committed by a\nsenior college of such university or any officer, agent, servant or\nemployee of a senior college of such university in the course of his\nemployment on behalf of such university, and (c) for the breach of a\ncontract relating to construction, reconstruction, improvement,\nmaintenance, operation, purchase or personal services entered into by\nsuch university in connection with a senior college of such university\nor any officer, agent, servant or employee of a senior college of such\nuniversity in the course of his employment on behalf of such university\nin the same manner and to the extent provided by and subject to the\nprovisions of the court of claims act, including time limitations, with\nrespect to claims against the state, and to make awards and render\njudgments therefor. Such jurisdiction shall attach to all claims\nagainst the city university which arise on and after July first,\nnineteen hundred seventy-nine. Nothing contained in this section shall\nbe construed as passing upon the merits of any such claims and no such\naward shall be made or judgment rendered unless supported by such\nevidence as would sustain a judgment against an individual or\ncorporation in a court of law or equity.\n 5. (a) Notwithstanding any inconsistent provisions of law, the\ncomptroller of the state of New York is authorized to examine, audit and\ncertify for payment, in accordance with procedures applicable to and\nfunding sources available for the payment by the state of any claim,\nsettlement or judgment against the state, (1) any judgment of the court\nof claims, (2) any settlement approved by the court of claims pursuant\nto section twenty-a of the court of claims act and (3) any claim which\nwould be otherwise subject to the provisions of subdivision four of this\nsection, provided such claim shall have been approved for payment by the\nboard of trustees of the city university of New York or its designee, by\nthe director of the budget and by the attorney general.\n (b) Notwithstanding any inconsistent provisions of law, and in\naddition to the procedures set forth above, the comptroller of the state\nof New York is authorized to examine, audit and certify for payment any\nclaim not in excess of the amount specified in subdivision twelve-a of\nsection eight of the state finance law which is otherwise subject to the\nprovisions of subdivision four of this section in accordance with the\nprovisions of such subdivision twelve-a.\n 6. Notwithstanding any inconsistent provisions of law, with respect to\nclaims against the city university which arise on and after July first,\nnineteen hundred seventy-nine, the comptroller of the state of New York\nis authorized to examine, audit, certify for payment and pay from\nfunding sources available for payment of claims by the state any\nsettlement, order or judgment in any federal or state court, other than\nthe court of claims, or any administrative tribunal which pertains to a\nsenior college of the city university of New York. No such order or\njudgment shall be paid except upon a certificate of the attorney general\nthat it has been entered. No such settlement shall be paid unless it\nshall have been approved for payment by the board of trustees of the\ncity university of New York, or its designee, by the director of the\nbudget and by the attorney general. Nothing contained in this\nsubdivision shall be deemed to affect or alter the jurisdiction of any\ncourt or administrative tribunal.\n