Section 880. Actions against the agency  


Latest version.
  • (1) In an action against the agency
      founded  upon  tort,  the  complaint shall contain an allegation that at
      least thirty days have elapsed since the demand, claim  or  claims  upon
      which the action is founded were presented to a member of the agency and
      to  its secretary or to its chief executive officer, and that the agency
      has neglected or refused to make an adjustment or  payment  thereof  for
      thirty days after the presentment.
        (2)  In  a case founded upon tort, a notice of claim shall be required
      as a condition precedent to the commencement of  an  action  or  special
      proceeding  against  the  agency  or  an  officer, appointee or employee
      thereof, and the provisions of section fifty-e of the general  municipal
      law shall govern the giving of such notice. No action shall be commenced
      more  than  one  year  after  the  cause  of  action therefor shall have
      accrued.