New York Civil Practice
Law & RulesNY CPLR

NYCPLR Article 98

ACTIONS AGAINST VILLAGES

9801. Actions against the village.
9802. Liability of villages in certain actions.
9803. Place of trial of actions and proceedings against villages.
9804. Notice of defects in certain actions.

S 9801. Actions against the village. 1. No action shall be maintained against the village for a personal injury or injury to property alleged to have been sustained by reason of the negligence or wrongful act of the village or of any officer, agent or employee thereof, unless a notice of claim shall have been made and served in compliance with section fifty-e of the general municipal law.
2. Every such action shall be commenced pursuant to the provisions of section fifty-i of the general municipal law.

S 9802. Liability of villages in certain actions. Except as provided otherwise in this chapter no action shall be maintained against the village upon or arising out of a contract of the village unless the same shall be commenced within eighteen months after the cause of action therefor shall have accrued, nor unless a written verified claim shall have been filed with the village clerk within one year after the cause of action shall have accrued, and no other action shall be maintained against the village unless the same shall be commenced within one year after the cause of action therefor shall have accrued, nor unless a notice of claim shall have been made and served in compliance with section fifty-e of the general municipal law. The omission to present a claim or to commence an action thereon within the respective periods of time above stated applicable to such claim, shall be a bar to any claim or action therefor against said village; but no action shall be brought upon any such claim until forty days have elapsed after the filing of the claim in the office of the village clerk.

S 9803. Place of trial of actions and proceedings against villages. The place of trial of all actions and proceedings against a village or any of its officers or boards shall be the county in which the village is situated.

S 9804. Notice of defects in certain actions. No civil action shall be maintained against the village for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructive condition, or of the existence of the snow or ice, relating to the particular place, was actually given to the village clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed, or the place otherwise made reasonably safe.


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NYCPLR Article 100

REPEAL; SAVING CLAUSES; EFFECTIVE DATE

10001. Repeal of the civil practice act.
10002. Abrogation of rules of civil practice.
10003. Pending and subsequent proceedings.
10004. Effect of unconstitutionality in part.
10005. Effective date.

S 10001. Repeal of the civil practice act. Chapter nine hundred twenty-five of the laws of nineteen hundred twenty, entitled "An act in relation to the civil practice in the courts of the state of New York, " and all acts amendatory thereof and supplemental thereto, constituting the civil practice act, as heretofore in effect, are hereby repealed.

S 10002. Abrogation of rules of civil practice. The rules of practice adopted by the convention provided for by chapter nine hundred two of the laws of nineteen hundred twenty, as amended or supplemented by appropriate action of the justices of the appellate division in the several departments pursuant to section eighty-three of the judiciary law, comprising the rules of civil practice, as heretofore in effect, are hereby abrogated and shall no longer be in effect.

S 10003. Pending and subsequent proceedings. This act shall apply to all actions hereafter commenced. This act shall also apply to all further proceedings in pending actions, except to the extent that the court determines that application in a particular pending action would not be feasible or would work injustice, in which event the former procedure applies. Proceedings pursuant to law in an action taken prior to the time this act takes effect shall not be rendered ineffectual or impaired by this act.

S 10004. Effect of unconstitutionality in part. If any clause, sentence, paragraph, subdivision, section, rule or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, rule or part thereof directly involved in the controversy in which such judgment shall have been rendered.

S 10005. Effective date. This act shall take effect September first, nineteen hundred sixty-three.