March 21, 2013 Uniform Notice of Claim Act
KEEPING YOU INFORMED…
New York State law generally requires that a party contemplating suit against a municipal entity must, as a prerequisite, serve a notice of claim.
This notice is intended to afford the entity an early opportunity to investigate and, if appropriate, settle the claim. The State has enacted a new “Uniform Notice of Claim Act” effective June 17, 2013, which establishes a uniform procedure for serving a notice of claim prior to the commencement of an action against any state or municipal entity, public authority or public benefit corporation. All covered entities entitled to a notice of claim under existing law will now be subject to the requirements of General Municipal Law 50-e. With the exception of wrongful death actions, the applicable statute of limitations is the longer of one year and ninety days or the time period specified in any other provision of law.
The most significant change for all municipal clients is that, as an alternative to other permissible forms of service, notices of claim will be permitted to be served on the New York Secretary of State at a location to be designated. Once served, the Secretary of State must forward a copy to the entity named in the notice of claim. Covered entities are required to file a certificate with the Secretary of State identifying the name and address to which the notice should be sent. A $250 filing fee will be paid by the claimant and split between the Secretary of Stàte and the covered entity. The Act extends the municipal entity’s time within which to make a demand for examination pursuant to General Municipal Law 50-h to 100 days from the date on which it receives notice from the Secretary of State. The Act also extends the minimum time period before an action or special proceeding can be commenced from 30 to 40 days from the date on which service is made on the Secretary of State.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW AND MAY CONSTITUTE ATTORNEY ADVERTISING. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP, 2013