Section 1297. Actions against the corporation

1. As a condition to the
  consent of the state to such suits against  the  corporation,  in  every
  action  against  the  corporation  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
  corporation or other officer designated for such purpose  and  that  the
  corporation  has  neglected  or refused to make an adjustment or payment
  thereof.
    2. An action against the corporation 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 corporation 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 corporation 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 corporation may require any person, presenting  for  settlement
  on  account  or claim for any cause whatever against the corporation, to
  be sworn before a director, counsel or an attorney, officer or  employee
  of  the corporation 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 corporation shall have power to settle or
  adjust all claims in favor of or against the corporation.
    4. The rate of interest  to  be  paid  by  the  corporation  upon  any
  judgment  for  which  it  is liable shall not exceed four per centum per
  annum.