N.Y. Public Authorities Law § 2047-o: Actions against agency

§ 2047-o. Actions against agency. 1. Except in an action for wrongful

death, no action or special proceeding shall be prosecuted or maintained

against the agency 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 agency or of any member, officer, agent or employee

thereof, unless (i) a notice of claim shall have been made and served

upon the agency within the time limit by and in compliance with section

fifty-e of the general municipal law, (ii) 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 (iii) 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. 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.

2. Wherever a notice of claim is served upon the agency, 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 agency may require any person, presenting for settlement an

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

before a member, 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, 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 borne by such bonds from the due date thereof

until paid or otherwise satisfied.