N.Y.
General Municipal Law Section 50-F
Recording of notice of claim
1.
Wherever a notice of claim is required by § 50-E (Notice of claim)section fifty-e of this chapter as a condition precedent to the commencement of an action or proceeding against a municipal corporation or any authority or commission heretofore or hereafter continued or created by the public authorities law, or any officer, appointee or employee thereof, every such municipal corporation and every such authority or commission shall make and keep a record, numbered consecutively and indexed alphabetically according to the name of the claimant, of each notice of claim filed in compliance with such requirement and of the disposition of the claim so noticed. Wherever such notice of claim relates to a cause of action against a municipal corporation or any such authority or commission for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being out of repair, unsafe, dangerous or obstructed, or in consequence of the existence of snow or ice thereon, every municipal corporation and every such authority or commission shall keep an additional record of each such notice of claim indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition. The record shall be made and kept by an officer or employee designated for that purpose by the governing body of such municipal corporation or of such authority or commission. In the absence of such designation the record shall be kept by the secretary of such authority or commission or by the clerk of such municipal corporation, except in the counties, where it shall be kept by the clerk of the board of supervisors, and except in the city of New York, where it shall be kept by the comptroller or a person designated by him for that purpose. The record of each claim shall be preserved for a period of five years after the date of the final disposition thereof.2.
The record shall set forth:(1)
the name and post-office address of the claimant and of his attorney, if any;(2)
the date of service;(3)
the time, place and manner of injury;(4)
the nature of the injury and amount claimed;(5)
whether the claim was approved or disapproved, with the date;(6)
whether referred to an insurance carrier, with the date;(7)
the carrier’s disposition of the claim with the date;(8)
the date of service of a complaint;(9)
the name and address of any named co-defendant;(10)
the name and address of any third-party defendant;(11)
the municipal corporation’s equitable share determined in accordance with the relative culpability of each party pursuant to an itemized decision or itemized jury verdict;(12)
the extent to which the municipal corporation has paid more than such equitable share.(13)
the date and result of any trial;(14)
the date and result of any appeal;(15)
the date and amount of any settlement;(16)
the date and amount of any judgment paid;(17)
the reason and date the file was closed.4.
This section shall be applicable notwithstanding any inconsistent provisions of law, general, special or local, or any limitation contained in the provisions of any city charter.
Source:
Section 50-F — Recording of notice of claim, https://www.nysenate.gov/legislation/laws/GMU/50-F (updated Sep. 22, 2014; accessed Dec. 21, 2024).
