This text of New York § 618 (Notice of claim; action against corporation) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 618. Notice of claim; action against corporation.
1.In every action\nagainst the corporation for damages, for injuries to real or personal\nproperty, or for the destruction thereof, or for personal injuries, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since notice of claim was presented to the corporation and that\nthe corporation has neglected or refused to make an adjustment or\npayment thereof for thirty days after such presentment.\n 2. The notice of claim shall be in writing, sworn to by or on behalf\nof the claimant, and shall set forth:\n a. The name and post office address of each claimant, and of his\nattorney if any;\n b. The nature of the claim;\n c. The time when, the place where and the manner in which the claim\narose; and\n d.
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§ 618. Notice of claim; action against corporation. 1. In every action\nagainst the corporation for damages, for injuries to real or personal\nproperty, or for the destruction thereof, or for personal injuries, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since notice of claim was presented to the corporation and that\nthe corporation has neglected or refused to make an adjustment or\npayment thereof for thirty days after such presentment.\n 2. The notice of claim shall be in writing, sworn to by or on behalf\nof the claimant, and shall set forth:\n a. The name and post office address of each claimant, and of his\nattorney if any;\n b. The nature of the claim;\n c. The time when, the place where and the manner in which the claim\narose; and\n d. The items of damage or injuries claimed to have been sustained so\nfar as then practicable to determine.\n 3. The notice shall be served on the corporation by delivering a copy\nthereof, in duplicate, personally or by registered mail, to an officer,\ndirector or to any other agent authorized by appointment to receive such\nservice.\n 4. The corporation may require any person presenting a claim to be\nsworn before a person authorized by the laws of the state to administer\noaths, and when so sworn, to answer orally as to any facts relative to\nthe claim.\n 5. Except in an action for wrongful death, an action against the\ncorporation shall not be commenced more than one year and ninety days\nafter the cause of action thereof shall have accrued, nor unless a\nnotice of claim as required in subdivisions one and two of this section\nand served as set forth in subdivision three of this section shall have\nbeen served upon the corporation within ninety days after such cause of\naction shall have accrued. An action against the corporation 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 6. All actions against the corporation of whatever nature shall be\nbrought and the place of trial shall be in the county within the city in\nwhich the cause of action arose, or if it arose outside of the city, in\nthe county of New York. In no event shall an action against the\ncorporation be brought or the trial be held in the small claims part of\nthe New York city civil court.\n