N.Y. Local Finance Law 85.10 – Notice of claim
§ 85.10 Notice of claim. No act shall be done or action or special proceeding shall be prosecuted or maintained seeking to apply or enforce against the municipality or any covered organization, or their funds, property, receivables or revenues, any order, judgment, lien, set-off or counterclaim relating to any contract, debt or obligation, direct or indirect, of the municipality, including but not limited to any bond, note or other evidence of indebtedness, or seeking the assessment, levy or collection of taxes by or for the municipality or the application of any funds, property, receivables or revenues of the municipality or any covered organization, unless: (a) payment by the municipality or covered organization in connection with such contract, debt or obligation is due or overdue; and (b) a demand for payment shall have been made and served upon the municipality, in compliance with section 85.20 of this title, and thirty days shall have elapsed since the service of such demand; and (c) any complaint, petition or other moving paper seeking any relief as aforesaid shall contain an allegation that at least thirty days have elapsed since the service of such demand and that adjustment or payment has been neglected or refused.
Terms Used In N.Y. Local Finance Law 85.10
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.