2023 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.