N.Y. Public Authorities Law § 1136: Actions against the authority

* § 1136. Actions against the authority. 1. No action or special

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 member, officer, agent or employee thereof, unless:

(a) 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 special proceeding shall be commenced within one

year and ninety days after the happening of the event upon which the

claim is based.

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 member, counsel, officer or employee of the authority

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 all 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 against its bonds, shall

be the rate prescribed by section three-a of the general municipal law.

Interest on payments of principal or interest on any bonds in default

shall accrue at the rate or rates set forth in such bonds from the due

date thereof until paid or otherwise satisfied.

* NB There are 2 § 1136's