Section 2638. Actions against the commission

1. In an action against the
  commission founded upon tort, the complaint shall contain an  allegation
  that at least thirty days have elapsed since the demand, claim or claims
  upon  which  the  action  is  founded  were presented to a member of the
  commission and to its secretary or to its chief executive  officer,  and
  that  the  commission  has neglected or refused to make an adjustment or
  payment thereof for thirty days after the presentment.
    2. In a case founded upon tort, a notice of claim shall be required as
  a condition precedent to  the  commencement  of  an  action  or  special
  proceeding  against  the commission or an officer, appointee or employee
  thereof, and the provisions of section fifty-e of the general  municipal
  law shall govern the giving of such notice. No action shall be commenced
  more  than  one  year  after  the  cause  of  action therefor shall have
  accrued, except an action against  the  commission  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.