Section 50-F. Recording of notice of claim  


Latest version.
  • 1. Wherever a notice of claim is
      required  by section fifty-e of this chapter as a condition precedent to
      the  commencement  of  an  action  or  proceeding  against  a  municipal
      corporation  or  any  authority  or  commission  heretofore or hereafter
      continued or created by the public  authorities  law,  or  any  officer,
      appointee  or  employee  thereof,  every  such municipal corporation and
      every such authority  or  commission  shall  make  and  keep  a  record,
      numbered  consecutively and indexed alphabetically according to the name
      of the claimant, of each notice of claim filed in compliance  with  such
      requirement  and  of  the  disposition of the claim so noticed. Wherever
      such notice of claim relates to a cause of action  against  a  municipal
      corporation  or any such authority or commission for damages or injuries
      to person or property sustained in consequence of any  street,  highway,
      bridge,  culvert,  sidewalk  or  crosswalk  being out of repair, unsafe,
      dangerous or obstructed, or in consequence of the existence of  snow  or
      ice  thereon,  every  municipal  corporation and every such authority or
      commission shall keep an additional record of each such notice of  claim
      indexed  according  to  the  location  of the alleged defective, unsafe,
      dangerous or obstructed condition. The record shall be made and kept  by
      an officer or employee designated for that purpose by the governing body
      of such municipal corporation or of such authority or commission. In the
      absence of such designation the record shall be kept by the secretary of
      such  authority  or  commission  or  by  the  clerk  of  such  municipal
      corporation, except in the counties, where it shall be kept by the clerk
      of the board of supervisors, and except in the city of New  York,  where
      it  shall  be  kept by the comptroller or a person designated by him for
      that purpose. The record of each claim shall be preserved for  a  period
      of five years after the date of the final disposition thereof.
        2. The record shall set forth: (1) the name and post-office address of
      the  claimant  and of his attorney, if any; (2) the date of service; (3)
      the time, place and manner of injury; (4) the nature of the  injury  and
      amount  claimed; (5) whether the claim was approved or disapproved, with
      the date; (6) whether referred to an insurance carrier, with  the  date;
      (7)  the  carrier's disposition of the claim with the date; (8) the date
      of service of a complaint;  (9)  the  name  and  address  of  any  named
      co-defendant;  (10)  the  name and address of any third-party defendant;
      (11)  the  municipal  corporation's  equitable   share   determined   in
      accordance  with  the  relative culpability of each party pursuant to an
      itemized decision or itemized jury verdict; (12) the extent to which the
      municipal corporation has paid more than such equitable share. (13)  the
      date  and  result  of any trial; (14) the date and result of any appeal;
      (15) the date and amount of any settlement; (16) the date and amount  of
      any judgment paid; (17) the reason and date the file was closed.
        4.  This  section shall be applicable notwithstanding any inconsistent
      provisions  of  law,  general,  special  or  local,  or  any  limitation
      contained in the provisions of any city charter.