N.Y. Public Authorities Law § 2046-i: Actions against agency

§ 2046-i. Actions against agency. 1. In every action against the

agency 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 agency or other officer designated for such

purpose and that the agency has neglected or refused to make an

adjustment or payment thereof.

2. Except in an action for wrongful death, an action against the

agency founded on tort 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 agency 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 agency 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 agency may require any person, presenting for settlement an

account or claim for any cause whatever against the agency, to be sworn

before a director, counsel or an attorney, officer or employee of the

agency 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 agency shall have power to settle or adjust all claims in

favor of or against the agency.

4. The rate of interest to be paid by the agency upon any judgment for

which it is liable, other than a judgment on its bonds or notes, shall

not exceed nine per centum per annum.