Section 491. Actions by and against fund  


Latest version.
  • 1. The state supreme court shall
      have exclusive jurisdiction of any action, suit  or  special  proceeding
      brought  by  or  against or involving the fund. The venue of any action,
      suit or special proceeding brought against the funds shall  be  laid  in
      the city of Yonkers and county of Westchester.
        2.  In every action against the fund for damages, for injuries to real
      or personal property, or for the destruction thereof,  or  for  personal
      injuries  or  death,  the  complaint shall contain an allegation that at
      least thirty days have elapsed since the demand, claim  or  claims  upon
      which  such  action is founded were presented to a trustee or officer of
      the fund and  that  the  fund  has  neglected  or  refused  to  make  an
      adjustment or payment thereof for thirty days after such presentment.
        3.  Except in an action for wrongful death, an action against the fund
      for damages for injuries to  real  or  personal  property,  or  for  the
      destruction  thereof,  or  for  personal  injuries, alleged to have been
      sustained, shall not be commenced more than one  year  and  ninety  days
      after  the  cause  of  action  therefor shall have accrued, nor unless a
      notice of intention to commence such action and of  the  time  when  and
      place where the damages or personal injuries were incurred or sustained,
      together  with  a  verified  statement  showing  in  detail the property
      alleged to have been damaged or destroyed and the value thereof, or  the
      personal  injuries,  alleged  to have been sustained, and by whom, shall
      have been filed with a trustee or officer of the fund in  the  principal
      office  of  the fund within ninety days after such cause of action shall
      have accrued. An action against the fund for  wrongful  death  shall  be
      commenced  in  accordance  with  the notice of claim and time limitation
      provisions of title eleven of article nine  of  the  public  authorities
      law.