Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1199-O
Actions against authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-D
§ 1199-o. Actions against authority. 1. Except in an action for
wrongful death, no action or special 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 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 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 special proceeding shall be commenced
within one year and ninety days 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 member, counsel, officer or employee of the authority
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 all 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 its bonds, shall be the
rate prescribed by section three-a of the general municipal law.
Interest on payments of principal or interest on any bonds in default
shall accrue at the rate or rates set forth in such bonds from the due
date thereof until paid or otherwise satisfied.