Notices of Claim

Notices of Claim and Certificates of Designation for Service of Notices of Claim 

May 24, 2013 - Chapter 500 of the Laws of 2012 and Chapter 24 of the laws of 2013 included amendments to General Municipal Law Section 53 in relation to service of notices of claim against public corporations.  A public corporation is a municipal corporation, a district corporation or a public benefit corporation. The General Municipal Law was amended to permit notices of claim against public corporations to be served on the Secretary of State.  The Secretary of State will then send a copy of the notice of claim to the public corporation.

Public corporations will be required to file a certificate with the Department of State designating the Secretary of State as their agent for service of notices of claim.  The certificate has to provide contact information for the transmittal of notices of claim along with related information.

A certificate of designation of notice of claim form has been developed by the Department of State.  The form will be available on the Department of State’s web site.  Public corporations will be required to use this form. However, please note that certificates of designation of notice of claim may not be filed with the Department of State until June 17, 2013.

The Secretary of State may be served with notices of claim for public corporations beginning Monday, July 15, 2013.