New York § 85.20 Demand for payment

New York Statutes

§ 85.20 — Demand for payment

New York § 85.20

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 § 85.20 (2026).

Text

§ 85.20 Demand for payment. a. In any case where a demand for payment\nis required as a condition precedent to the doing of any act or the\ncommencement of any action or special proceeding pursuant to section\n85.10 of this title, the demand shall comply with the provisions of this\nsection.\n b. The demand shall be in writing, sworn to by or on behalf of the\nclaimant, and shall set forth:

(1)the name and post-office address of\neach claimant, and of his attorney, if any;

(2)the contract, debt or\nobligation involved;

(3)the nature and basis of the claim;

(4)the time\nwhen the claim arose;

(5)the items of damage claimed to have been\nsustained so far as then practicable; and (6) the nature of the act\nproposed to be done or of the action or special proceeding proposed to\nbe commen

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§ 85.20 Demand for payment. a. In any case where a demand for payment\nis required as a condition precedent to the doing of any act or the\ncommencement of any action or special proceeding pursuant to section\n85.10 of this title, the demand shall comply with the provisions of this\nsection.\n b. The demand shall be in writing, sworn to by or on behalf of the\nclaimant, and shall set forth:(1) the name and post-office address of\neach claimant, and of his attorney, if any; (2) the contract, debt or\nobligation involved; (3) the nature and basis of the claim; (4) the time\nwhen the claim arose; (5) the items of damage claimed to have been\nsustained so far as then practicable; and (6) the nature of the act\nproposed to be done or of the action or special proceeding proposed to\nbe commenced by the claimant.\n c. The demand shall be served on the municipality against whom the\nclaim is made by delivering a copy thereof, in duplicate, personally, or\nby registered mail, to the person, officer, agent, clerk or employee,\ndesignated by law as a person to whom a summons in an action in the\nsupreme court issued against such municipality may be delivered.\n d. Anytime after the date of service of the demand for payment and at\nor before the trial of an action or the hearing upon a special\nproceeding to which the provisions of this section are applicable, a\nmistake, omission, irregularity or defect made in good faith in the\ndemand required to be served by this section, not pertaining to the\nmanner or time of service thereof, may be corrected, supplied or\ndisregarded, as the case may be, in the discretion of the court,\nprovided it shall appear that the other party was not prejudiced\nthereby. Application for such relief, if made before trial or hearing,\nshall be by motion, on affidavits; if made before the action or special\nproceeding is commenced, shall be by motion, on the petition of the\nclaimant, or someone on his behalf. Failure to serve more than one copy\nmay be corrected by such motion.\n