N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 514: Notice of claim; action against corporation

§ 514. Notice of claim; action against corporation. 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 or

her 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.