N.Y. Public Authorities Law § 1342: Actions against the authority

§ 1342. Actions against the authority. 1. As a condition to the

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

action against the authority 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 authority

or other officer designated for such purpose and the authority has

neglected or refused to make an adjustment or payment thereof.

2. An action against the authority 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 authority 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 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.

3. The authority shall be liable, and shall assume the liability to

the extent that it shall save harmless any duly appointed officer or

employee of the authority, for the negligence of such officer or

employee, in the operation of a vehicle or other facility of

transportation owned or otherwise under the jurisdiction and control of

the authority in the discharge of a duty imposed upon such officer or

employee at the time of the accident, injury or damages complained of,

while otherwise acting in the performance of his duties and within the

scope of his employment.

4. 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 or an attorney, 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.

5. The rate of interest to be paid by the authority upon any judgment

for which it is liable shall not exceed four per centum per annum.

6. The provisions of this section which relate to the requirement for

service of a notice of claim shall not apply to a subsidiary corporation

of the authority. In all other respects, each subsidiary corporation of

the authority shall be subject to the provisions of this section as if

such subsidiary corporation were separately named herein, provided,

however, that a subsidiary corporation of the authority which is a stock

corporation shall not be subject to the provisions of this section

except with respect to those causes of action arising on and after the

first of the twelfth calendar month following that calendar month in

which such stock corporation becomes a subsidiary corporation of the

authority.