Section 1199-PP. Actions against authority  


Latest version.
  • 1. Except in an action for
      wrongful death, 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. 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.
        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 § 1199-pp's