New York § 85.10 Notice of claim

New York Statutes

§ 85.10 — Notice of claim

New York § 85.10

Law LFNLocal Finance

Title 6-ALocal Obligations: Financial Emergency; Condition Precedent to Claims; Stay of Claims; Repayment Plan For Municipality; Termination of Stay

Art. 2Local Indebtedness

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Bluebook

N.Y. Local Finance § 85.10 (2026).

Text

§ 85.10 Notice of claim. No act shall be done or action or special\nproceeding shall be prosecuted or maintained seeking to apply or enforce\nagainst the municipality or any covered organization, or their funds,\nproperty, receivables or revenues, any order, judgment, lien, set-off or\ncounterclaim relating to any contract, debt or obligation, direct or\nindirect, of the municipality, including but not limited to any bond,\nnote or other evidence of indebtedness, or seeking the assessment, levy\nor collection of taxes by or for the municipality or the application of\nany funds, property, receivables or revenues of the municipality or any\ncovered organization, unless:

(a)payment by the municipality or covered\norganization in connection with such contract, debt or obligation is due\nor

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§ 85.10 Notice of claim. No act shall be done or action or special\nproceeding shall be prosecuted or maintained seeking to apply or enforce\nagainst the municipality or any covered organization, or their funds,\nproperty, receivables or revenues, any order, judgment, lien, set-off or\ncounterclaim relating to any contract, debt or obligation, direct or\nindirect, of the municipality, including but not limited to any bond,\nnote or other evidence of indebtedness, or seeking the assessment, levy\nor collection of taxes by or for the municipality or the application of\nany funds, property, receivables or revenues of the municipality or any\ncovered organization, unless: (a) payment by the municipality or covered\norganization in connection with such contract, debt or obligation is due\nor overdue; and (b) a demand for payment shall have been made and served\nupon the municipality, in compliance with section 85.20 of this title,\nand thirty days shall have elapsed since the service of such demand; and\n(c) any complaint, petition or other moving paper seeking any relief as\naforesaid shall contain an allegation that at least thirty days have\nelapsed since the service of such demand and that adjustment or payment\nhas been neglected or refused.\n