6224 - Claims against city university. - New York Statutes

§ 6224. Claims against city university. 1. The provisions of sections fifty-e and fifty-i of the general municipal law shall, notwithstanding any inconsistent provision of law, continue to apply to actions and proceedings based on a cause of action involving a community college of the city university of New York or an officer, agent, servant or employee of such community college acting in the course of his employment. The provisions of subdivisions four, five and six of this section shall not apply to such actions and proceedings. 2. No action or proceeding based on a cause of action involving a community college of the city university of New York or an officer, agent, servant or employee of such community college acting in the course of his employment may be prosecuted or maintained unless it shall appear by and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since a demand setting forth the underlying basis for such matter was presented to the city university for adjustment, and that the officers or bodies having the power to adjust or pay such demand have neglected or refused to make an adjustment or payment thereof for thirty days, after such presentment. 3. The city university may require any person presenting to it for settlement an account or claim for any cause whatever against it to be sworn before it or a committee thereof, or before any person designated by such board of trustees touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justness of such account or claim. A trustee or any person designated as hereinbefore stated shall have the power to administer an oath to any person who shall give testimony to the justness of such account or claim. Willful false swearing before the board of trustees, a committee thereof or any person designated as hereinbefore stated shall be perjury and punishable as such. 4. Exclusive jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claims of any person against the city university of New York (a) for wrongful death, (b) in connection with causes of action sounding in tort alleged to have been committed by a senior college of such university or any officer, agent, servant or employee of a senior college of such university in the course of his employment on behalf of such university, and (c) for the breach of a contract relating to construction, reconstruction, improvement, maintenance, operation, purchase or personal services entered into by such university in connection with a senior college of such university or any officer, agent, servant or employee of a senior college of such university in the course of his employment on behalf of such university in the same manner and to the extent provided by and subject to the provisions of the court of claims act, including time limitations, with respect to claims against the state, and to make awards and render judgments therefor. Such jurisdiction shall attach to all claims against the city university which arise on and after July first, nineteen hundred seventy-nine. Nothing contained in this section shall be construed as passing upon the merits of any such claims and no such award shall be made or judgment rendered unless supported by such evidence as would sustain a judgment against an individual or corporation in a court of law or equity. 5. (a) Notwithstanding any inconsistent provisions of law, the comptroller of the state of New York is authorized to examine, audit and certify for payment, in accordance with procedures applicable to and funding sources available for the payment by the state of any claim, settlement or judgment against the state, (1) any judgment of the court of claims, (2) any settlement approved by the court of claims pursuant to section twenty-a of the court of claims act and (3) any claim whichwould be otherwise subject to the provisions of subdivision four of this section, provided such claim shall have been approved for payment by the board of trustees of the city university of New York or its designee, by the director of the budget and by the attorney general. (b) Notwithstanding any inconsistent provisions of law, and in addition to the procedures set forth above, the comptroller of the state of New York is authorized to examine, audit and certify for payment any claim not in excess of the amount specified in subdivision twelve-a of section eight of the state finance law which is otherwise subject to the provisions of subdivision four of this section in accordance with the provisions of such subdivision twelve-a. 6. Notwithstanding any inconsistent provisions of law, with respect to claims against the city university which arise on and after July first, nineteen hundred seventy-nine, the comptroller of the state of New York is authorized to examine, audit, certify for payment and pay from funding sources available for payment of claims by the state any settlement, order or judgment in any federal or state court, other than the court of claims, or any administrative tribunal which pertains to a senior college of the city university of New York. No such order or judgment shall be paid except upon a certificate of the attorney general that it has been entered. No such settlement shall be paid unless it shall have been approved for payment by the board of trustees of the city university of New York, or its designee, by the director of the budget and by the attorney general. Nothing contained in this subdivision shall be deemed to affect or alter the jurisdiction of any court or administrative tribunal.