Section 2047-O. Actions against agency  


Latest version.
  • 1.  Except  in  an action for
      wrongful death, no action or special proceeding shall be  prosecuted  or
      maintained  against  the agency 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 agency or of any member, officer,
      agent or employee thereof, unless (i) a notice of claim shall have  been
      made  and  served  upon  the  agency  within  the  time  limit by and in
      compliance with section fifty-e of the general municipal  law,  (ii)  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 (iii) 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 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.
        2. Wherever a notice of claim is served upon the agency, 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  agency  may  require any person, presenting for settlement an
      account or claim for any cause whatever against the agency to  be  sworn
      before  a  member,  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, 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 borne by such bonds from the due  date  thereof
      until paid or otherwise satisfied.
        * NB There are 2 § 2047-o's