Section 2046-I. Actions against agency  


Latest version.
  • 1.  In every action against the
      agency 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 agency or other officer designated for such
      purpose and that  the  agency  has  neglected  or  refused  to  make  an
      adjustment or payment thereof.
        2.  Except  in  an  action  for  wrongful death, an action against the
      agency 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 agency 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 agency 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 agency may require any person,  presenting  for  settlement  an
      account  or claim for any cause whatever against the agency, to be sworn
      before a director, counsel or an attorney, officer or  employee  of  the
      agency 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 agency shall have power to settle or adjust all claims  in
      favor of or against the agency.
        4. The rate of interest to be paid by the agency upon any judgment for
      which  it  is liable, other than a judgment on its bonds or notes, shall
      not exceed nine per centum per annum.