NY Gen Mun L § 50-I (2021)
2021 New York Laws GMU - General Municipal Article 4 - Negligence and Malfeasance of Public Officers; Taxpayers' Remedies 50-I - Presentation of Tort Claims; Commencement of Actions.

§  50-i.  Presentation  of tort claims; commencement of actions. 1. No action or special proceeding shall be prosecuted or maintained against a city, county, town,  village,  fire  district  or  school  district  for personal  injury,  wrongful death or damage to real or personal property alleged to have been sustained by reason of the negligence  or  wrongful act  of  such  city,  county,  town,  village,  fire  district or school district or  of  any  officer,  agent  or  employee  thereof,  including volunteer  firefighters  of  any  such city, county, town, village, fire district or school district or any volunteer firefighter whose  services have  been  accepted  pursuant  to the provisions of section two hundred nine-i of this chapter, unless, (a) a notice of claim  shall  have  been made  and  served upon the city, county, town, village, fire district or school district in compliance with section fifty-e of this article,  (b) it  shall  appear  by  and  as  an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of  such notice, or if service of the notice of claim is made by service upon the secretary of state pursuant to section fifty-three of this article, that at  least  forty days have elapsed since the service of such notice, and that adjustment or payment thereof has been neglected  or  refused,  and (c)  the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based; except that wrongful death actions shall be commenced within  two years after the happening of the death.   2.  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.   3.  Nothing  contained  herein  or  in section fifty-h of this chapter shall operate to extend the period limited by subdivision  one  of  this section for the commencement of an action or special proceeding.   4.  (a)  Notwithstanding  any  other provision of law to the contrary, including any other subdivision of this section, section fifty-e of this article, section thirty-eight hundred thirteen of the education law, and the provisions of any general, special or local law or charter requiring as a condition  precedent  to  commencement  of  an  action  or  special proceeding  that  a  notice of claim be filed or presented, any cause of action against a public corporation for personal injuries suffered by  a participant in World Trade Center rescue, recovery or cleanup operations as  a  result  of such participation which is barred as of the effective date of this subdivision because the applicable period of limitation has expired is hereby revived, and a claim thereon may be filed  and  served and  prosecuted  provided such claim is filed and served within one year of the effective date of this subdivision.  (b) For the purposes of this subdivision:  (1) "participant in World Trade Center  rescue,  recovery  or  cleanup operations" means any employee or volunteer that:  (i)  participated in the rescue, recovery or cleanup operations at the World Trade Center site; or  (ii) worked at the Fresh Kills Land Fill in the city of New York after September eleventh, two thousand one; or  (iii) worked at the New York city morgue or the  temporary  morgue  on pier  locations  on the west side of Manhattan after September eleventh, two thousand one; or  (iv) worked on the barges between the west side of Manhattan  and  the Fresh  Kills Land Fill in the city of New York after September eleventh, two thousand one.  (2) "World Trade Center site" means anywhere  below  a  line  starting from  the  Hudson  River  and Canal Street; east on Canal Street to Pike  Street; south on Pike Street to the East River;  and  extending  to  the lower tip of Manhattan.   5.  Notwithstanding any provision of law to the contrary, this section shall not apply to any claim made against a city, county, town, village, fire district or school district for physical, psychological,  or  other injury  or  condition  suffered  as  a  result  of  conduct  which would constitute a sexual offense as defined in article one hundred thirty  of the penal law committed against a child less than eighteen years of age, incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined  in  section  263.05  of  the penal law committed against a child less than eighteen years of age.