[Added 3-23-1953 by L.L. No. 2-1953]
There shall be a Department of Law of which the Corporation
Counsel shall be the head. The Corporation Counsel shall be an attorney
admitted to practice in the courts of the State of New York and shall
have had at least 10 years' practice in his profession prior to his
appointment.
[Amended 5-1-1944 by L.L. No. 1-1944; 3-23-1953 by L.L. No.
2-1953]
The Corporation Counsel shall act as the legal advisor of the
Council, of the City Manager and of the several officers, departments,
bureaus and boards of the City. He shall appear for and protect the
rights and interests of the City in all actions, suits and proceedings
brought by or against it or by or against any City officer, department,
bureau or board. Such officer, department, bureau or board shall not
employ other counsel in any official matter. The Corporation Counsel
may, with the written consent of the City Manager and at a compensation
fixed by the Council, employ counsel to assist him in the argument
and conduct of important cases and proceedings in which the City or
any officer, department, bureau or board thereof is interested or
is a party thereto.
[Amended 3-23-1953 by L.L. No. 2-1953; 7-9-1973 by L.L. No.
2-1973; 11-25-1991 by L.L. No. 8-1991; 5-12-1997 by L.L. No.
1-1997]
No civil action shall be maintained against the City for damages
or injury to person or property sustained in consequence of any street,
highway, bridge, culvert, sidewalk, crosswalk, wharf, public building,
parking area, street sign or traffic sign being out of repair, unsafe,
dangerous, obstructive, damaged or missing or for damages or injuries
to person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, crosswalk, street, highway, bridge,
culvert, wharf, public building or parking area unless written notice
of the defective, dangerous, unsafe or obstructed condition or the
existence of the snow or ice, relating to the particular place and
specifying the alleged condition, was actually given to the City Clerk
and there was neglect or failure within a reasonable time after the
giving of such notice to remedy, repair or remove the defect, danger
or obstruction complained of or cause the snow or ice to be removed
or the place otherwise made reasonably safe.
[Added 9-26-1988 by L.L. No. 6-1988]
A.
No action or special proceeding, for any cause whatever, except as
hereinafter provided, relating to City property or involving the rights
or interests of the City shall be prosecuted or maintained against
the City unless it shall appear by and as an allegation in the complaint
or necessary moving papers that a written verified claim upon which
such action or special proceeding is founded was served on the City,
in the same manner as a summons under the Civil Practice Law and Rules,
within three months after the accrual of such claim. The provisions
of this section shall not apply to an action or special proceeding
founded upon tort which shall be governed by the provisions of §§ 50-i
and 50-e of the General Municipal Law.
B.
This section shall apply to claims accruing after January 1, 1989.
[Amended 4-2-1945 by L.L. No. 2-1945; 4-28-1952 by L.L. No.
5-1952; 3-23-1953 by L.L. No. 2-1953]
A.
All claims against the City for damages or injury to persons or property
alleged to have been caused by the misfeasance or negligence of the
City or of any of its officers or employees shall be presented to
the Council in writing within 60 days after the happening of the accident
or injury out of which the claim arose. Such writing shall describe
the time when, the particular place where and the circumstances under
which damages or injuries were sustained and the cause thereof. It
shall also state, so far as then practicable, the nature and extent
of the damages or injury. It shall also state the place of residence
of the claimant by street and number, or, if there be no street and
number, it shall contain such statement as will disclose the place
of residence. All such claims shall be verified by the oath of the
claimant. A copy of each such claim shall be served by mail on the
Corporation Counsel. The omission to present such claim within 60
days of such alleged injuries and to commence on action thereon within
one year from the time of such alleged injuries shall be a bar to
any claim or action therefor against the City, but no action shall
be brought upon any such claim until three months have elapsed after
the presentation of the claim to the Council.
B.
The Corporation Counsel shall cause all claims for personal injuries
to be thoroughly investigated, and to that end the Corporation Counsel
or his duly authorized representative may take proof, examine witnesses
and require the claimant, with the privilege of counsel, to appear
before and be sworn by a Judge of a court of record, the Mayor of
the City or any notary public and answer orally any questions relative
to the claim or that may assist the Corporation Counsel in ascertaining
the City's liability or the extent thereof. The claimant may designate
another time and place for the examination if he shall be physically
unable so to appear. Such examination shall be held within 90 days
after the presentation of such claim, but the time therefor may be
further extended by any Judge of a court of record on notice to both
parties. Where such examination is required, no action shall be commenced
on the claim until the examination is held.
C.
Nothing contained in this section shall be held to repeal or modify
any existing requirement or statute of limitations applicable to this
class of injury but, on the contrary, shall be held to be an additional
requirement for the right to maintain such action; nor shall anything
herein contained be held to modify any existing rule of law relative
to the question of contributory negligence nor to impose upon the
City any greater duty or obligation than that it shall keep its streets
and public places in a reasonably safe condition for public use and
travel.
D.
The Council shall have the power to pay, compromise or settle any
such claim as may be made against the City for damages, provided that
such claim is presented within the time and in the manner hereinbefore
prescribed and the sum or sums so expended shall be included in the
amount to be raised by tax for general purposes as herein provided.
E.
The City Manager, upon the recommendation of the Corporation Counsel
or such other attorney as may be retained to represent the City in
regard to such claim, shall have the power to pay, compromise or settle
any such claim for a sum of money not to exceed $2,500.
[Added 9-27-1999 by L.L. No. 2-1999]
[Amended 3-23-1953 by L.L. No. 2-1953]
The amount of any judgment recovered against the City and payable
by it remaining unpaid, with the interest thereon, in case an appeal
is intended to be taken or in case such judgment is finally affirmed
on an appeal taken, shall be reported by the Corporation Counsel to
the Council immediately after the same shall have become payable.
Such amount shall be raised in the next levy of taxes for the expenses
of the City, unless execution upon such judgment shall be stayed.
Such judgments shall be paid out of the first moneys into the City
treasury on account of such levy, in order of their recovery. Until
the money so raised shall be paid into the treasury and payment of
judgments refused, no execution shall issue against the City, unless
the amount of such judgments shall not have been included in the tax
levy.
[Amended L. 1948, c. 569; 3-23-1953 by L.L. No. 2-1953]
No City Judge or Acting City Judge shall be deemed disqualified
from hearing any action or proceeding in which the City of Newburgh
is a party or is interested, nor shall any person be deemed disqualified
from acting as a juror in any case in which the City of Newburgh is
a party or is interested for the reason that he is a resident of or
a taxpayer in the City of Newburgh.
[Amended 3-23-1953 by L.L. No. 2-1953]
The term of office of all Commissioners of Deeds shall be two
years from the dates of their appointment respectively. Commissioners
of Deeds shall have all the powers of a notary public within the City
of Newburgh.
