Section 1744. Claims and 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, or any member, officer, agent, or
      employee thereof, 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 such member, officer,  agent  or
      employee  thereof,  or for any other alleged tort of the authority or of
      such member, officer, agency or employee thereof, unless  (i)  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, and 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 (ii) 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. No action or proceeding for any cause whatever, other than the  one
      for  personal  injury,  death,  property  damage or tort, which shall be
      governed by subdivision one of this section,  relating  to  the  design,
      construction,   reconstruction,   improvement,  rehabilitation,  repair,
      furnishing or equipping of educational facilities, shall  be  prosecuted
      or  maintained  against  the authority or any member, officer, agent, or
      employee thereof, unless (i) it shall appear by and as an allegation  in
      the  complaint  or  moving  papers,  that  a detailed, written, verified
      notice of each claim upon which any part of such action or proceeding is
      founded was presented to the board within three months after the accrual
      of such claim, that at least thirty days have elapsed since such  notice
      was  so  presented  and that the authority or the officer or body having
      the power to adjust or pay said claim has neglected or refused  to  make
      an  adjustment  or  payment  thereof,  and (ii) the action or proceeding
      shall have been commenced within one year after  the  happening  of  the
      event  upon  which  the  claim is based; provided, however, that nothing
      contained in this subdivision shall be deemed to modify or supersede any
      provision of law or contract specifying a  shorter  period  of  time  in
      which  to  commence  such  action or proceeding, or to excuse compliance
      with any other conditions required by contract to be satisfied prior  to
      the commencement of such action or proceeding.
        3.  The  notice of each claim presented pursuant to subdivision two of
      this section must set forth in detail with respect to  such  claim;  (i)
      the amount of the claim; (ii) a specific and detailed description of the
      grounds  for  the claim, relating the dollar amount claimed to the event
      purportedly giving rise to the  claim  and  indicating  how  the  dollar
      amount  is  arrived  at;  and  (iii)  the  date  of  the event allegedly
      underlying the claim.
        4. The provisions of subdivision two of  section  twenty-five  hundred
      sixty-two  of  the  education law shall apply to all claims made against
      the authority.
        5. The authority shall have power to settle or adjust  all  claims  in
      favor of or against the authority.
        6.  Whenever  a  notice of claim is served upon the authority alleging
      personal  injury,  it  shall  have  the  right  to  demand  a   physical
      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.
        7. The rate of interest to be paid by the authority upon any  judgment
      for  which  it  is  liable,  shall  not  exceed  the rate of interest on
    
      judgments and accrued claims against municipal corporations as  provided
      in the general municipal law from time to time.