N.Y. Public Authorities Law § 2052-j: Actions against authority

§ 2052-j. Actions against authority. 1. No action or special

proceeding shall be prosecuted or maintained against the authority 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 member, officer, agent or employee thereof, unless

(a) 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, (b) 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 (c) 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.

2. Wherever a notice of claim is served upon the authority, 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 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, 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.

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

for which it is liable shall be the rate prescribed by section three-a

of the general municipal law.