T H E N E W Y O R K ST A T E B A R ASSO C I A T I O N U R G ES A PPR O V A L O F T H IS L E G ISL A T I O N

NYSBA#40 - GOV S. 7641-B A. 10657-A By: By: Senate Committee: Assembly Committee: Effective Date: July 18, 2012 Senator Martins Rules (M. of A. Weinstein) Rules Judiciary 180 days after enactment with provisions

A N A C T to amend the civil practice law and rules, the general municipal law, and others, in relation to establishing a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public The Uniform Notice of Claim Act. L A W A N D SE C T I O N R E F E R R E D T O : New Section 217-a of the Civil Practice Law and Rules; Section 50-e of the General Municipal Law; and various others. This bill would amend the CPLR and the General Municipal Law to establish the Uniform Notice of Claim Act (Act). The Act would provide plaintiffs with a uniform, fair and statutorily consistent procedure for serving a notice of claim of intention to commence a proceeding in the courts of this state for damages suffered as an aggrieved party, and similarly provide for a statutorily consistent statute of limitations applicable to such actions. B A C K GROUND In particular, this bill would amend the CPLR to state that all notices of claim served on any entity entitled to such a notice as a condition precedent to the commencement of an action are subject to the requirements of General Municipal Law Section 50-e as amended by this legislation. It would also provide that the statute of limitations applicable to actions, except wrongful death actions, against such entities shall be one year and ninety days or the time period specified in any other provision of law, whichever period is longer. In addition, the bill would amend the General Municipal Law to allow that notices of claim against any public corporation may be served on the Secretary of State at a location designated by the Secretary for that purpose, and require the Secretary of State to forward a copy to the entity named in the notice of claim. Service of the notice of claim shall be complete when served on the Secretary of State.

The bill would also amend the General Municipal Law to require entities entitled to receive a notice of claim to file a certificate with the Secretary of State that identifies the name and address to which the Secretary of State must transmit notices of claims. Failure of an entity to file such a certificate will not invalidate any notice of claim served on the Secretary of State. It would also provide for a $250 filing fee for service of a notice of claim on the Secretary of State, with half of that fee to be retained by the Secretary of State and the other half provided to the entity or entities named in the notice of claim. Finally, the bill would amend multiple sections of various statutory provisions that govern entities entitled to a notice of claim as a condition precedent to the commencement of an action. These amendments would provide unified a procedure for filing a notice of claim, and specifically provide that the time limits contained in General Municipal Law Section 50-e are generally applicable. Moreover, the bill would amend relevant statutes of limitations to provide a minimum time limit of one year and ninety days to bring an action against a public corporation. D ISC USSI O N Current statutes governing the filing of notices of claim and commencing an action or proceeding against a public corporation have become confusing and difficult for all concerned. Historically, state-created governmental and quasi-governmental bodies have been given the statutory authority to require that such entities receive a notice of claim as a condition precedent to commencement of an action or proceeding against them. These various statutory requirements have resulted in a multiplicity of sometimes disparate and confusing procedural rules and time limits. The existing patchwork of statutes governing claims against these entities are neither consistent, nor are they catalogued or organized in the same, similar or readily locatable sections of the law. The result is that even the most diligent, conscientious and able potential claimant can be misled by the lack of a uniform procedure for filing notices of claim and bringing actions against governmental and quasi-governmental entities. In addition, costly, time-consuming and resource-wasting litigation often ensues over arcane issues of notice of claim service and other procedural quirks, unnecessarily burdening the courts as well as the agencies involved, while at the same time undermining public confidence in the reasonableness and rationality of New York's laws. This bill would provide a uniform, fair and easily accessible method for serving a notice of claim via service on the Secretary of State in addition to those methods of service currently existing, and thus provide uniformity to procedural rules governing actions against governmental and quasi-governmental entities. C O N C L USI O N Based upon the foregoing, the New York State Bar Association recommends A PPR O V A L of this bill.