Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6280
Actions against fund
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 125-B
§ 6280. Actions against fund. (a) Except in an action for wrongful
death, an action against the fund for personal injury or property damage
or founded on tort 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 a trustee of the fund or
officer or employee thereof designated by the fund for such purpose,
within the time limited by, and in compliance with the 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.

(b) The venue of every action, suit or special proceeding brought
against the fund shall be laid in the county in which the cause of
action arose for all claims which arise within the city of New York, or
in the county of New York.

(c) Neither any trustee of the fund nor any officer, employee, or
agent of the fund, while acting within the scope of his authority, shall
be subject to any personal liability resulting from the providing of
facilities for the city university or from any other exercise or
carrying out of any of the fund's purposes or powers.

(d) Upon an appeal taken by the city university construction fund in
any action or other proceeding to which the fund is a party, the service
of notice of appeal shall perfect the appeal and shall stay the
execution of the judgment or order appealed from without any undertaking
or other security being furnished by the fund.

(e) No provision of this article shall be construed as a defense and
indemnification provision within the meaning of section eighteen of the
public officers law or any other similar law or as otherwise precluding
any employee, as defined in said section of the public officers law, of
the fund from recourse to the provisions thereof.