N.Y. Education Law 6280 – Actions against fund
§ 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, § 50-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 9 of the public authorities law.
Terms Used In N.Y. Education Law 6280
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.
- Venue: The geographical location in which a case is tried.
(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 § 18 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.