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This entry was published on 2014-09-22
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SECTION 1196-M
Actions against an authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-A
§ 1196-m. Actions against an authority. 1. Except in an action for
wrongful death, no action or proceeding shall be prosecuted or
maintained against an 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 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 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 an 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. An 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, 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. An 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 an authority upon any judgment
for which it is liable, other than a judgment against the authority on
bonds, shall not exceed six per centum per annum. Interest on payments
of principal or interest on any bonds in default shall accrue at the
rate borne by such bonds from the due date thereof until paid or
otherwise satisfied.