N.Y. Public Housing Law § 641: Actions against the trust

§ 641. Actions against the trust. 1. Except in an action for wrongful

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

the trust 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 trust or of any member of the board, 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 trust, 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 the period

provided under section fifty-i of the general municipal law. An action

against the trust for wrongful death shall be commenced in accordance

with the notice of claim and time limitation provisions of title eleven

of article nine of the public authorities law.

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

account or claim for any cause whatsoever against the trust to be sworn

before a member of the board, 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 trust shall have power to settle or adjust

any claims in favor of or against the trust.

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

which it is liable, other than a judgment on bonds, notes or other

obligations, 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, notes or other obligations 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 trust shall be laid in the county of New York.