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New York · Through 2026-09-11

N.Y. Local Finance Law § 85.20: Demand for payment

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Where this section sits in the code
  1. Local Finance Law
  2. Article 2. Local Indebtedness
  3. Title 6-A. Local Obligations: Financial Emergency; Condition Precedent to Claims; Stay of Claims; Repayment Plan For Municipality; Termination of Stay

§ 85.20 Demand for payment. a. In any case where a demand for payment

is required as a condition precedent to the doing of any act or the

commencement of any action or special proceeding pursuant to section

85.10 of this title, the demand shall comply with the provisions of this

section.

b. The demand shall be in writing, sworn to by or on behalf of the

claimant, and shall set forth:(1) the name and post-office address of

each claimant, and of his attorney, if any; (2) the contract, debt or

obligation involved; (3) the nature and basis of the claim; (4) the time

when the claim arose; (5) the items of damage claimed to have been

sustained so far as then practicable; and (6) the nature of the act

proposed to be done or of the action or special proceeding proposed to

be commenced by the claimant.

c. The demand shall be served on the municipality against whom the

claim is made by delivering a copy thereof, in duplicate, personally, or

by registered mail, to the person, officer, agent, clerk or employee,

designated by law as a person to whom a summons in an action in the

supreme court issued against such municipality may be delivered.

d. Anytime after the date of service of the demand for payment and at

or before the trial of an action or the hearing upon a special

proceeding to which the provisions of this section are applicable, a

mistake, omission, irregularity or defect made in good faith in the

demand required to be served by this section, not pertaining to the

manner or time of service thereof, may be corrected, supplied or

disregarded, as the case may be, in the discretion of the court,

provided it shall appear that the other party was not prejudiced

thereby. Application for such relief, if made before trial or hearing,

shall be by motion, on affidavits; if made before the action or special

proceeding is commenced, shall be by motion, on the petition of the

claimant, or someone on his behalf. Failure to serve more than one copy

may be corrected by such motion.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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