N.Y. EDN Law § 376-A

§ 376-a. Notices of claim and commencement of actions against the\nfund. 1. In every action against the fund for damages for injuries to\nreal or personal property, or for the destruction thereof, or for\npersonal injuries or death, the complaint shall contain an allegation\nthat at least thirty days have elapsed since the demand, claim or claims\nupon which such action is founded were presented to a trustee or officer\nof the fund and that the fund has neglected or refused to make an\nadjustment or payment thereof for thirty days after such presentment.\n 2. Except in an action for wrongful death, an action against the fund\nfor damages for injuries to real or personal property, or for the\ndestruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the fund within the time limit\nestablished by, and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the fund for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of the\npublic authorities law.\n