[§ 632, c. 755; L. 1907; L.L. No. 5-1950; L.L. No. 10-1968]
All claims against the City or any
officer, appointee or employee thereof for damages or injuries to
person or property, invasions of personal or property rights of every
name and nature whatsoever, whether casual or continuing, continuing
and continuous trespasses, continuing and continuous invasions of
property, continuing and continuous invasions of property rights,
and all other claims for damages or injuries to persons or property,
arising at law or in equity, and enforceable or sought to be enforced
at law or in equity, alleged to have been caused or sustained in whole
or in part by or because of any misfeasance, nonfeasance, negligence,
omission of duty, wrongful act, fault or neglect on the part of the
City or any officer, appointee or employee thereof must be presented
to the Council in writing.
All claims against the City and/or
the company responsible for the furnishing of management services
and personnel for the City's transportation facilities for damages
or injuries to person or property, invasions of personal or property
rights of every name and nature whatsoever, whether casual or continuing,
continuing and continuous trespasses, continuing and continuous invasions
of property, continuing and continuous invasions of property rights,
and all other claims for damages or injuries to persons or property,
arising at law or in equity, and enforceable or sought to be enforced
by law or in equity, alleged to have been caused or sustained in whole
or in part by or because of any misfeasance, nonfeasance, negligence,
omission of duty, wrongful act, fault or neglect on the part of the
City and/or the company responsible for the furnishing of management
services and personnel for the City's transportation facilities must
be presented to the Council in writing.
Such notice of claim must be verified
and conform to § 50-e of the General Municipal Law as to
form, content and as to the time and manner of service thereof. No
such action or special proceeding may be maintained for damages or
injuries to persons or property caused or sustained, as aforesaid,
unless the notice of claim therefor complying with § 50-e
of the General Municipal Law is so served and the action is commenced
within one year and 90 days after such damages or injuries were sustained,
but no such action may be brought until 30 days have elapsed after
the service, as aforesaid, of the notice of claim. This section applies
to claims of infants and all other persons. The place of trial of
all actions or proceedings against the City or its boards or officers,
shall be in the County of Monroe.
[§ 211, L.L. No. 4-1925]
Claims for damages caused by the change of grade or the discontinuance of a public street or highway, as provided in § 5-36, and claims for compensation for lands included in a street located as provided in such section, must be presented to the Corporation Counsel within one year after the passage of the ordinance therefor. In case such notice is not served no damages or compensation therefor are recoverable from the City, and no action or proceedings may be maintained against the City to recover the same. On the filing of said claim the Corporation Counsel may agree upon the amount of damages or compensation to be awarded subject to the approval of the Council. In case of a failure to agree, damages or compensation must be determined by condemnation proceedings as provided in § 9-13.
[§ 453, c. 755, L. 1907; L.L. No. 4-1925; L.L. No. 7-1930; § 1, L.L. No. 1-2006]
In case of the discontinuance of a street or of the change of grade thereof, or in case lands have been included in a street located as provided in § 5-36, as amended, when a claim for damages has been duly filed with the Corporation Counsel and the amount of damages has not been agreed upon by the Corporation Counsel, he or she must, within three months from the filing of the claim, apply for the appointment of commissioners to assess the damages as provided herein in relation to the condemnation of lands; and in case he or she fails to do so, any person who has duly filed a claim for damages which has not been adjusted may, after the expiration of three months from the filing of the claim, make such application, upon notice to the Corporation Counsel, and thereupon all the pertinent provisions of this act relating to condemnation proceedings apply to such proceeding. All claims arising from the closing of one street or the change of grade of one street may be joined in one proceeding, and if separate proceedings in such cases are commenced the court may consolidate them.
[§ 425, c. 755, L. 1907]
The amount of any judgment recovered
against the City, or any department, board, bureau or officer thereof,
payable by the City, in case no appeal is intended to be taken or
in case such judgment is finally affirmed on an appeal taken, must
be reported to the Council by the Corporation Counsel, and the amount
thereof must be raised in the next annual levy of taxes. Such judgments
must be paid out of the first moneys paid into the City Treasury on
account of such levy, in the order of their recovery. Until the money
so raised is paid into the Treasury, and payment of judgment refused,
no execution may issue against the City or against any department,
board, bureau or officer thereof on a judgment payable by the City,
unless the amount of such judgment has not been included in the tax
levy; provided, nevertheless, that if there are any moneys in the
Treasury not otherwise appropriated, such moneys may be applied to
the payment of the judgments.
[§ 144, c. 755, L. 1907; L.L. No. 5-1974]
No tax upon municipal property must
be paid until the claim therefor is presented to the Director of Finance
by the collector or other officer charged with the collection thereof,
and the City may pay any tax with an addition thereto of 1% for collector's
or other fees, within 30 days after the claim therefor is presented
to the Director of Finance.
[§ 232, c. 755, L. 1907; § 1, L.L. No. 1-2006]
Any laborer employed on municipal
work performed by a contractor for which a bond conditioned for the
payment of laborers has been given, may, within six months after wages
or compensation are due him or her, bring an action on such bond to
recover any moneys claimed to be due him or her for work performed
under such contract; and any number of laborers may unite in one action;
but the City is not liable upon or by reason of such bond or for any
costs or expenses in any action or proceeding thereon.
