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.
Actions against the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1276. Actions against the authority. 1. As a condition to the
consent of the state to such suits against the authority, in every
action against the authority for damages, for injuries to real or
personal property or for the destruction thereof, or for personal
injuries or death, the complaint shall contain an allegation that at
least thirty days have elapsed since the demand, claim or claims upon
which such action is founded were presented to a member of the authority
or other officer designated for such purpose and that the authority has
neglected or refused to make an adjustment or payment thereof.

2. An action against the authority founded on tort, except an action
for wrongful death, shall not be commenced more than one year and ninety
days after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the authority within the time
limited by and in compliance with all the requirements of section
fifty-e of the general municipal law. 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.

3. The authority shall be liable, and shall assume the liability to
the extent that it shall save harmless any duly appointed officer or
employee of the authority, for the negligence of such officer or
employee, in the operation of a vehicle or other facility of
transportation owned or otherwise under the jurisdiction and control of
the authority in the discharge of a duty imposed upon such officer or
employee at the time of the accident, injury or damages complained of,
while otherwise acting in the performance of his duties and within the
scope of his employment.

4. 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 or an attorney, 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.

5. The rate of interest to be paid by the authority upon any judgment
for which it is liable shall not exceed four per centum per annum.

6. The provisions of this section which relate to the requirement for
service of a notice of claim shall not apply to a subsidiary corporation
of the authority. In all other respects, each subsidiary corporation of
the authority shall be subject to the provisions of this section as if
such subsidiary corporation were separately named herein, provided,
however, that a subsidiary corporation of the authority which is a stock
corporation shall not be subject to the provisions of this section
except with respect to those causes of action arising on and after the
first day of the twelfth calendar month following that calendar month in
which such stock corporation becomes a subsidiary corporation of the