N.Y. Public Housing Law § 157: Claims and actions against authorities

§ 157. Claims and actions against authorities. 1. In every action or

special proceeding, for any cause whatsoever, prosecuted or maintained

against an authority, other than a claim arising out of a condemnation

proceeding, the complaint or necessary moving papers shall contain an

allegation that at least thirty days have elapsed since the demand,

claim or claims upon which such action or special proceeding is founded

were presented to the authority for adjustment and that it has neglected

or refused to make an adjustment or payment thereof for thirty days

after such presentment.

2. An action against an authority for damages for injuries to real or

personal property, or for the destruction thereof, or for damages for

personal injuries, alleged to have been sustained by reason of the

negligence of, or by the creation or maintenance of a nuisance by said

authority, or any member, officer, agent or employee thereof, shall be

commenced within one year and ninety days after the cause of action

therefor shall have accrued, provided that a notice of the intention to

commence such action shall have been served upon the authority. All the

provisions of section fifty-e of the general municipal law shall apply

to such notice. The authority may require any claimant hereunder to be

examined as provided in section fifty-h of the general municipal law,

and all the provisions of such section shall apply to such examinations.

3. The authority may require any person presenting for settlement an

account or claim for any cause against the authority, except as to

examination on claims as set forth in subdivision two of this section,

to be sworn before a member, the secretary, counsel or an attorney of

the authority, touching such account or claim, and when so sworn, to

answer orally as to any facts relative to the adjustment of such account

or claim. The authority may settle or adjust all claims in favor or

against the authority, and all accounts in which the authority is

concerned as debtor or creditor; but in adjusting and settling such

claims, it shall, as far as practicable, be governed by the rules of law

and principles of equity which prevail in courts of justice.

4. This section shall not apply to claims, actions or proceedings by

obligees on bonds or covenants of an authority, or claims arising out of

condemnation proceedings except as provided in subdivision five herein.

5. The rate of interest to be paid by an authority upon any judgment

or accrued claim against the authority shall not exceed nine per centum

per annum.