Section 62-A. Actions against authority  


Latest version.
  • Except in an action for wrongful
      death, no action or special proceeding shall be prosecuted or maintained
      against the authority, its members, officers, or employees 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 (i) 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, (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 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 the public authorities law.