§ 50-I — Presentation of tort claims; commencement of actions

New York § 50-I

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 4: Negligence and Malfeasance of Public Officers; Taxpayers' Remedies

Text

§ 50-i. Presentation of tort claims; commencement of actions. 1. No\naction or special proceeding shall be prosecuted or maintained against a\ncity, county, town, village, fire district or school district for\npersonal injury, wrongful death or damage to real or personal property\nalleged to have been sustained by reason of the negligence or wrongful\nact of such city, county, town, village, fire district or school\ndistrict or of any officer, agent or employee thereof, including\nvolunteer firefighters of any such city, county, town, village, fire\ndistrict or school district or any volunteer firefighter whose services\nhave been accepted pursuant to the provisions of section two hundred\nnine-i of this chapter, unless, (a) a notice of claim shall have been\nmade and served upon the city, county, town, village, fire district or\nschool district in compliance with section fifty-e of this article, (b)\nit shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice, or if service of the notice of claim is made by service upon the\nsecretary of state pursuant to section fifty-three of this article, that\nat least forty days have elapsed since the service of such notice, and\nthat adjustment or payment thereof has been neglected or refused, and\n(c) the action or special proceeding shall be commenced within one year\nand ninety days after the happening of the event upon which the claim is\nbased; except that wrongful death actions shall be commenced within two\nyears after the happening of the death.\n 2. This section shall be applicable notwithstanding any inconsistent\nprovisions of law, general, special or local, or any limitation\ncontained in the provisions of any city charter.\n 3. Nothing contained herein or in section fifty-h of this chapter\nshall operate to extend the period limited by subdivision one of this\nsection for the commencement of an action or special proceeding.\n 4. (a) Notwithstanding any other provision of law to the contrary,\nincluding any other subdivision of this section, section fifty-e of this\narticle, section thirty-eight hundred thirteen of the education law, and\nthe provisions of any general, special or local law or charter requiring\nas a condition precedent to commencement of an action or special\nproceeding that a notice of claim be filed or presented, any cause of\naction against a public corporation for personal injuries suffered by a\nparticipant in World Trade Center rescue, recovery or cleanup operations\nas a result of such participation which is barred as of the effective\ndate of this subdivision because the applicable period of limitation has\nexpired is hereby revived, and a claim thereon may be filed and served\nand prosecuted provided such claim is filed and served within one year\nof the effective date of this subdivision.\n (b) For the purposes of this subdivision:\n (1) "participant in World Trade Center rescue, recovery or cleanup\noperations" means any employee or volunteer that:\n (i) participated in the rescue, recovery or cleanup operations at the\nWorld Trade Center site; or\n (ii) worked at the Fresh Kills Land Fill in the city of New York after\nSeptember eleventh, two thousand one; or\n (iii) worked at the New York city morgue or the temporary morgue on\npier locations on the west side of Manhattan after September eleventh,\ntwo thousand one; or\n (iv) worked on the barges between the west side of Manhattan and the\nFresh Kills Land Fill in the city of New York after September eleventh,\ntwo thousand one.\n (2) "World Trade Center site" means anywhere below a line starting\nfrom the Hudson River and Canal Street; east on Canal Street to Pike\nStreet; south on Pike Street to the East River; and extending to the\nlower tip of Manhattan.\n 5. Notwithstanding any provision of law to the contrary, this section\nshall not apply to any claim made against a city, county, town, village,\nfire district or school district for physical, psychological, or other\ninjury or condition suffered as a result of conduct which would\nconstitute a sexual offense as defined in article one hundred thirty of\nthe penal law committed against a child less than eighteen years of age,\nincest as defined in section 255.27, 255.26 or 255.25 of the penal law\ncommitted against a child less than eighteen years of age, or the use of\na child in a sexual performance as defined in section 263.05 of the\npenal law committed against a child less than eighteen years of age.\n 6. Notwithstanding any provision of law to the contrary, this section\nshall not apply to any civil claims or causes of action brought by any\nperson to recover damages for physical, psychological, or other injury\nor condition suffered while in custody pursuant to section two hundred\neight-a of the civil practice law and rules.\n