NY Educ L § 6224 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 125 - City University of New York 6224 - Claims Against City University.

§ 6224. Claims against city university.  1. The provisions of sections fifty-e  and fifty-i of the general municipal law shall, notwithstanding any inconsistent provision of law, continue  to  apply  to  actions  and proceedings  based on a cause of action involving a community college of the city university of  New  York  or  an  officer,  agent,  servant  or employee  of  such  community  college  acting  in  the  course  of  his employment. The provisions of subdivisions four, five and  six  of  this section shall not apply to such actions and proceedings.   2.  No  action  or  proceeding  based on a cause of action involving a community college of the city university of  New  York  or  an  officer, agent,  servant  or  employee  of  such  community college acting in the course of his employment may be prosecuted or maintained unless it shall appear by and as an allegation in  the  complaint  or  necessary  moving papers  that  at  least  thirty days have elapsed since a demand setting forth the underlying basis for such matter was  presented  to  the  city university  for  adjustment,  and that the officers or bodies having the power to adjust or pay such demand have neglected or refused to make  an adjustment or payment thereof for thirty days, after such presentment.   3.  The  city  university  may require any person presenting to it for settlement an account or claim for any cause whatever against it  to  be sworn  before it or a committee thereof, or before any person designated by such board of trustees touching such account or claim,  and  when  so sworn, to answer orally as to any facts relative to the justness of such account  or  claim.  A  trustee or any person designated as hereinbefore stated shall have the power to administer an  oath  to  any  person  who shall  give  testimony to the justness of such account or claim. Willful false swearing before the board of trustees, a committee thereof or  any person designated as hereinbefore stated shall be perjury and punishable as such.   4. Exclusive jurisdiction is hereby conferred upon the court of claims to  hear,  audit and determine the claims of any person against the city university of New York (a) for wrongful death, (b)  in  connection  with causes  of  action  sounding in tort alleged to have been committed by a senior college of such university or  any  officer,  agent,  servant  or employee  of  a  senior  college of such university in the course of his employment on behalf of such university, and (c) for  the  breach  of  a contract   relating   to   construction,   reconstruction,  improvement, maintenance, operation, purchase or personal services  entered  into  by such  university  in connection with a senior college of such university or any officer, agent, servant or employee of a senior college  of  such university  in the course of his employment on behalf of such university in the same manner and to the extent provided  by  and  subject  to  the provisions  of the court of claims act, including time limitations, with respect to claims against the state,  and  to  make  awards  and  render judgments  therefor.    Such  jurisdiction  shall  attach  to all claims against the city  university  which  arise  on  and  after  July  first, nineteen  hundred  seventy-nine. Nothing contained in this section shall be construed as passing upon the merits of any such claims and  no  such award  shall  be  made  or  judgment  rendered  unless supported by such evidence  as  would  sustain  a  judgment  against  an   individual   or corporation in a court of law or equity.   5.  (a)  Notwithstanding  any  inconsistent  provisions  of  law,  the comptroller of the state of New York is authorized to examine, audit and certify for payment, in accordance with  procedures  applicable  to  and funding  sources  available  for  the payment by the state of any claim, settlement or judgment against the state, (1) any judgment of the  court of  claims,  (2) any settlement approved by the court of claims pursuant to section twenty-a of the court of claims act and (3) any  claim  which  would be otherwise subject to the provisions of subdivision four of this section, provided such claim shall have been approved for payment by the board of trustees of the city university of New York or its designee, by the director of the budget and by the attorney general.  (b)  Notwithstanding  any  inconsistent  provisions  of  law,  and  in addition to the procedures set forth above, the comptroller of the state of New York is authorized to examine, audit and certify for payment  any claim  not  in excess of the amount specified in subdivision twelve-a of section eight of the state finance law which is otherwise subject to the provisions of subdivision four of this section in  accordance  with  the provisions of such subdivision twelve-a.   6. Notwithstanding any inconsistent provisions of law, with respect to claims  against the city university which arise on and after July first, nineteen hundred seventy-nine, the comptroller of the state of New  York is  authorized  to  examine,  audit,  certify  for  payment and pay from funding sources available  for  payment  of  claims  by  the  state  any settlement,  order or judgment in any federal or state court, other than the court of claims, or any administrative tribunal which pertains to  a senior  college  of  the  city  university of New York. No such order or judgment shall be paid except upon a certificate of the attorney general that it has been entered. No such settlement shall  be  paid  unless  it shall  have  been  approved  for payment by the board of trustees of the city university of New York, or its designee, by  the  director  of  the budget   and   by  the  attorney  general.  Nothing  contained  in  this subdivision shall be deemed to affect or alter the jurisdiction  of  any court or administrative tribunal.