Section 514. Notice of claim; action against corporation  


Latest version.
  • 1. In every action
      against  a  corporation  for  damages,  for injuries to real or personal
      property, or for the destruction thereof, or for personal injuries,  the
      complaint  shall  contain  an  allegation that at least thirty days have
      elapsed since notice of claim was presented to the corporation and  that
      the  corporation  has  neglected  or  refused  to  make an adjustment or
      payment thereof for thirty days after such presentment.
        2. The notice of claim shall be in writing, sworn to by or  on  behalf
      of the claimant, and shall set forth:
        a.  The  name  and  post  office  address of each claimant, and of his
      attorney if any;
        b. The nature of the claim;
        c. The time when, the place where and the manner in  which  the  claim
      arose; and
        d.  The  items of damage or injuries claimed to have been sustained so
      far as then practicable to determine.
        3. The notice shall be served on the corporation by delivering a  copy
      thereof,  in duplicate, personally or by registered mail, to an officer,
      director or to any other agent authorized by appointment to receive such
      service.
        4. The corporation may require any person presenting  a  claim  to  be
      sworn  before a person authorized by the laws of the state to administer
      oaths, and when so sworn, to answer orally as to any facts  relative  to
      the claim.
        5.    Except  in  an  action  for  wrongful death, an action against a
      corporation shall not be commenced more than one year  and  ninety  days
      after  the  cause  of  action  thereof  shall have accrued, nor unless a
      notice of claim as required in subdivisions one and two of this  section
      and  served as set forth in subdivision three of this section shall have
      been served upon the corporation within ninety days after such cause  of
      action  shall  have  accrued.  An  action  against  the  corporation 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.
        6.  All  actions  against  the corporation of whatever nature shall be
      brought and the place of trial shall be in the county in which the cause
      of action arose, in no event shall an action against  a  corporation  be
      brought or the trial be held in a small claims part.