N.Y. Public Authorities Law § 1297: Actions against the corporation

§ 1297. Actions against the corporation. 1. As a condition to the

consent of the state to such suits against the corporation, in every

action against the corporation for damages, for injuries to real or

personal property or for the destruction thereof, or for personal

injuries or death, the complaint shall contain an allegation that at

least thirty days have elapsed since the demand, claim or claims upon

which such action is founded were presented to a member of the

corporation or other officer designated for such purpose and that the

corporation has neglected or refused to make an adjustment or payment

thereof.

2. An action against the corporation founded on tort, except an action

for wrongful death, shall not be commenced more than one year and ninety

days after the cause of action therefor shall have accrued, nor unless a

notice of claim shall have been served on the corporation within the

time limited by and in compliance with all the requirements of section

fifty-e of the general municipal law. An action against the corporation

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.

3. The corporation may require any person, presenting for settlement

on account or claim for any cause whatever against the corporation, to

be sworn before a director, counsel or an attorney, officer or employee

of the corporation 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 corporation shall have power to settle or

adjust all claims in favor of or against the corporation.

4. The rate of interest to be paid by the corporation upon any

judgment for which it is liable shall not exceed four per centum per

annum.