Section 2799-MM. Actions against the authority  


Latest version.
  • 1.  Except in an action for
      wrongful  death,  no  action  or  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 director, officer,
      agent  or  employee  thereof,  unless  (a)  it shall appear by and as an
      allegation in the complaint or moving papers  that  a  notice  of  claim
      shall  have  been  made  and  served upon the authority, within the time
      limit prescribed 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, and (c) the action or proceeding shall be
      commenced within one year after the happening of the  event  upon  which
      the  claim  is based. 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  director,  counsel or an attorney, officer or employee
      thereof 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
      any 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 bonds, shall not exceed
      the  rate  of interest on judgments and accrued claims against municipal
      authorities as provided in the  general  municipal  law.    Interest  on
      payments  of  principal or interest on any bonds in default shall accrue
      at the rate specified  in  the  general  municipal  law  until  paid  or
      otherwise satisfied.
        5.    The  venue  of  every action, suit or special proceeding brought
      against the authority shall be laid in the county of New York.
        6. Neither any director of the authority nor any officer, employee, or
      agent of the authority, while acting within the  scope  of  his  or  her
      authority,  shall  be subject to any liability resulting from exercising
      or carrying out of any of the powers expressly given in  this  title.  A
      director,  officer  or  employee  of  the  authority  shall be deemed an
      "employee" for the purposes of section fifty-k of the general  municipal
      law.