Section 1135. Actions against authority  


Latest version.
  • 1.  No  action  or  special
      proceeding shall be prosecuted or maintained against the  authority  for
      personal  injury  or damage to real or personal property alleged to have
      been sustained by reason of  the  negligence  or  wrongful  act  of  the
      authority  or  of any member, officer, agent or employee thereof, unless
      (a) a notice of claim shall have been made and served upon the authority
      within the time limit prescribed  by  and  in  compliance  with  section
      fifty-e  of  the general municipal law, (b) it shall appear by and as an
      allegation in the complaint or moving papers that at least  thirty  days
      have  elapsed  since  the  service of such notice and that adjustment or
      payment thereof has been neglected or refused, and  (c)  the  action  or
      special  proceeding  shall  be commenced within one year and ninety days
      after the happening of the event upon which the claim is based.
        2. Wherever a notice of claim is served upon the authority,  it  shall
      have  the right to demand an examination of the claimant relative to the
      occurrence and extent of the injuries or  damages  for  which  claim  is
      made,  in  accordance  with  the  provisions  of  section fifty-h of the
      general municipal law.
        3. 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, 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.
        4. The rate of interest to be paid by the authority upon any  judgment
      for which it is liable, other than a judgment on its bonds, shall be the
      rate  prescribed  by  section  three-a  of  the  general  municipal law.
      Interest on payments of principal or interest on any  bonds  in  default
      shall  accrue  at the rate or rates set forth in such bonds from the due
      date thereof until paid or otherwise satisfied.
        * NB There are 2 § 1135's