Section 1299-RR. Actions against the authority  


Latest version.
  • 1. As a condition to the
      consent of the state to such  suits  against  the  authority,  in  every
      action  against  the  authority  for  damages,  for  injuries to real or
      personal property or  for  the  destruction  thereof,  or  for  personal
      injuries  or  death,  the  complaint shall contain an allegation that at
      least thirty days have elapsed since the demand, claim  or  claims  upon
      which such action is founded were presented to a member of the authority
      or  other  officer  designated  for  such  purpose and the authority has
      neglected or refused to make an adjustment or payment thereof.
        2. An action against the authority founded on tort, except  an  action
      for  wrongful death, shall not be commenced more than one year after the
      cause of action therefor shall have accrued,  nor  unless  a  notice  of
      claim shall have been served on the authority within the time limited by
      and  in  compliance  with all the requirements of section fifty-e of the
      general municipal law. An action  against  the  authority  for  wrongful
      death shall be commenced in accordance with the notice of claim and time
      limitation provisions of title eleven of article nine of this chapter.
        3.  The  authority  shall be liable, and shall assume the liability to
      the extent that it shall save harmless any  duly  appointed  officer  or
      employee  of  the  authority,  for  the  negligence  of  such officer or
      employee,  in  the  operation  of  a  vehicle  or  other   facility   of
      transportation  owned or otherwise under the jurisdiction and control of
      the authority in the discharge of a duty imposed upon  such  officer  or
      employee  at  the time of the accident, injury or damages complained of,
      while otherwise acting in the performance of his duties and  within  the
      scope of his employment.
        4.  The authority may require any person, presenting for settlement an
      account or claim for any cause whatever against  the  authority,  to  be
      sworn  before  a  member, counsel or an attorney, officer or employee of
      the authority designated for such purpose, concerning  such  account  or
      claim  and  when  so  sworn to answer orally as to any facts relative to
      such account or claim. The authority  shall  have  power  to  settle  or
      adjust all claims in favor of or against the authority.
        5.  The rate of interest to be paid by the authority upon any judgment
      for which it is liable shall not exceed four per centum per annum.
        6. The provisions of this section which relate to the requirement  for
      service of a notice of claim shall not apply to a subsidiary corporation
      of  the authority. In all other respects, each subsidiary corporation of
      the authority shall be subject to the provisions of this section  as  if
      such  subsidiary  corporation  were  separately  named herein, provided,
      however, that a subsidiary corporation of the authority which is a stock
      corporation shall not be subject  to  the  provisions  of  this  section
      except  with  respect to those causes of action arising on and after the
      first of the twelfth calendar month following  that  calendar  month  in
      which  such  stock  corporation  becomes a subsidiary corporation of the
      authority.