Section 2040-I. Actions against authority  


Latest version.
  • 1. In every action against the
      authority 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  authority  or  other  officer
      designated  for  such  purpose  and  that the authority has neglected or
      refused to make an adjustment or payment thereof.
        2. Except in an action for  wrongful  death,  an  action  against  the
      authority  founded  on  tort  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 authority 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 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.
        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 director, counsel or an attorney, 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 or notes,
      shall not exceed six percentum per annum.