§ 68 — Compromise of actions, proceedings or claims

New York § 68

• Jurisdiction: New York
• Law TWN: Town
• Art. 4: Town Boards

Text

§ 68. Compromise of actions, proceedings or claims. 1. The town board\nof any town may compromise or settle:\n a. An action or proceeding against the town, with the approval of the\ncourt in which such action or proceeding is pending.\n b. Any claim presented pursuant to section sixty-five-a or sixty-seven\nof this chapter, with the approval of a justice of the supreme court of\nthe judicial district in which such town is located.\n 2. The order of the court or the justice approving such settlement or\ncompromise may be granted upon the motion of an officer of the town\ndesignated by the town board, supported by the affidavit of such officer\nsetting forth the cause of action or the claim against the town and also\nsuch other information which, in his opinion, will enable the court or\nthe justice to arrive at a determination that such compromise or\nsettlement is just, reasonable and to the interest of the town. Such\nofficer may also present the affidavits of other persons in support of\nhis motion. The court or the justice, in order to arrive at such a\ndetermination, may require such officer to present additional\ninformation by a supplemental affidavit or affidavits or may require\nother persons to present additional information by their affidavits.\n 3. Upon obtaining the approval of the court or the justice, the town\nboard may pay the amount of such compromise or settlement from funds or\nsources authorized pursuant to section one hundred twelve of this\nchapter.\n 4. Notwithstanding the foregoing provisions of this section, the town\nboard of any town may compromise or settle any action, proceeding or\nclaim against the town upon such terms as said board shall determine are\njust, reasonable and to the interest of the town.\n