Section 1174-O. Actions against the authority  


Latest version.
  • 1. No action or 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 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  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 proceeding shall be commenced within one year 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, or  an  attorney,  officer  or  employee
      thereof  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 against the  authority  on
      bonds,  shall  not exceed six per centum per annum. Interest on payments
      of principal or interest on any bonds in default  shall  accrue  at  the
      rate  borne  by such bonds from the date thereof until paid or otherwise
      satisfied.