N.Y. Education Law § 467: Actions by and against fund

§ 467. Actions by and against fund. 1. The state supreme court shall

have exclusive jurisdiction of any action, suit or special proceeding

brought by or against or involving the fund. The venue of any action,

suit or special proceeding brought against the fund shall be laid in the

city and county of New York.

2. 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.

3. 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 claim shall have been served on the fund within the time limit

established by, and in compliance with all requirements of section

fifty-e of the general municipal law. 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.