N.Y. Public Authorities Law § 2638: Actions against the commission

§ 2638. Actions against the commission. 1. In an action against the

commission founded upon tort, the complaint shall contain an allegation

that at least thirty days have elapsed since the demand, claim or claims

upon which the action is founded were presented to a member of the

commission and to its secretary or to its chief executive officer, and

that the commission has neglected or refused to make an adjustment or

payment thereof for thirty days after the presentment.

2. In a case founded upon tort, a notice of claim shall be required as

a condition precedent to the commencement of an action or special

proceeding against the commission or an officer, appointee or employee

thereof, and the provisions of section fifty-e of the general municipal

law shall govern the giving of such notice. No action shall be commenced

more than one year and ninety days after the cause of action therefor

shall have accrued, except an action against the commission 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.