N.Y. Public Authorities Law § 2799-mm: Actions against the authority

§ 2799-mm. Actions against the authority. 1. Except in an action for

wrongful death, no action or 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 director, officer,

agent or employee thereof, unless (a) 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, (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 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. 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 director, counsel or an attorney, officer or employee

thereof 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

any 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, other than a judgment on bonds, shall not exceed

the rate of interest on judgments and accrued claims against municipal

authorities as provided in the general municipal law. Interest on

payments of principal or interest on any bonds in default shall accrue

at the rate specified in the general municipal law until paid or

otherwise satisfied.

5. The venue of every action, suit or special proceeding brought

against the authority shall be laid in the county of New York.

6. Neither any director of the authority nor any officer, employee, or

agent of the authority, while acting within the scope of his or her

authority, shall be subject to any liability resulting from exercising

or carrying out of any of the powers expressly given in this title. A

director, officer or employee of the authority shall be deemed an

"employee" for the purposes of section fifty-k of the general municipal

law.