Section 376-A. Notices of claim and commencement of actions against the fund  


Latest version.
  • 1. 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.
        2. 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.