Section 1199-OO. Actions against the authority  


Latest version.
  • 1. Except in an action for
      wrongful   death,  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;
        (c)  the  action  or proceeding shall be commenced within one year and
      ninety days after the happening of the event upon  which  the  claim  is
      based; and
        (d)  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,  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 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-oo's