N.Y. Public Authorities Law § 1048-v: Actions against authority and water board

§ 1048-v. Actions against authority and water board. 1. Except in an

action for wrongful death, no action or proceeding shall be prosecuted

or maintained against the authority or the water board 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 the board or of any member, officer, agent or employee thereof,

unless (i) a notice of claim shall have been made and served upon the

authority or the water board, as the case may be, 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 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 or water board 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 or the

water board, 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 or the water board may require any person presenting

for settlement an account or claim for any cause whatever against the

authority or the water board, as the case may be, to be sworn before a

member, 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 or the water board shall have power to settle or adjust all

claims in favor of or against the authority or the water board, as the

case may be.

4. The rate of interest to be paid by the authority or the water board

upon any judgment for which it is liable, other than a judgment against

the authority on bonds, 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. 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.