Section 2490-O. 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) 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  special 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  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 five thousand four of the civil practice law
      and rules. 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.