CPLR 9802 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 9801 Actions against the village up ARTICLE 98 Actions Against Villages next SECTION 9803 Place of trial of actions and proceedings against villages Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 9802 Liability of villages in certain actions Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 98 § 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.