N.Y. Civil Practice Law & Rules § 9802: Liability of villages in certain actions

§ 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.