N.Y. Public Authorities Law § 1744: Claims and actions against the authority

§ 1744. Claims and actions against the authority. 1. Except in an

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

or maintained against the authority, or any member, officer, agent, or

employee thereof, 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 such member, officer, agent or

employee thereof, or for any other alleged tort of the authority or of

such member, officer, agency or employee thereof, unless (i) it shall

appear by and as an allegation in the complaint or moving papers that 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, and 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 (ii) the action or proceeding

shall be commenced within one year 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 this chapter.

2. No action or proceeding for any cause whatever, other than the one

for personal injury, death, property damage or tort, which shall be

governed by subdivision one of this section, relating to the design,

construction, reconstruction, improvement, rehabilitation, repair,

furnishing or equipping of educational facilities, shall be prosecuted

or maintained against the authority or any member, officer, agent, or

employee thereof, unless (i) it shall appear by and as an allegation in

the complaint or moving papers, that a detailed, written, verified

notice of each claim upon which any part of such action or proceeding is

founded was presented to the board within three months after the accrual

of such claim, that at least thirty days have elapsed since such notice

was so presented and that the authority or the officer or body having

the power to adjust or pay said claim has neglected or refused to make

an adjustment or payment thereof, and (ii) the action or proceeding

shall have been commenced within one year after the happening of the

event upon which the claim is based; provided, however, that nothing

contained in this subdivision shall be deemed to modify or supersede any

provision of law or contract specifying a shorter period of time in

which to commence such action or proceeding, or to excuse compliance

with any other conditions required by contract to be satisfied prior to

the commencement of such action or proceeding. In the case of an action

or special proceeding for monies due arising out of contract, accrual of

such claim shall be deemed to have occurred as of the date payment for

the amount claimed was denied.

3. The notice of each claim presented pursuant to subdivision two of

this section must set forth in detail with respect to such claim; (i)

the amount of the claim; (ii) a specific and detailed description of the

grounds for the claim, relating the dollar amount claimed to the event

purportedly giving rise to the claim and indicating how the dollar

amount is arrived at; and (iii) the date of the event allegedly

underlying the claim.

4. The provisions of subdivision two of section twenty-five hundred

sixty-two of the education law shall apply to all claims made against

the authority.

5. The authority shall have power to settle or adjust all claims in

favor of or against the authority.

6. Whenever a notice of claim is served upon the authority alleging

personal injury, it shall have the right to demand a physical

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.

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

for which it is liable, 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.