§ 2045-o. Actions against agency. 1. Except in an action for wrongful
death, no action or special proceeding shall be prosecuted or maintained
against the agency 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 agency or of any member, officer, agent or employee
thereof, unless (a) a notice of claim shall have been made and served
upon the agency 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
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 agency 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 agency, 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 agency may require any person, presenting for settlement an
account or claim for any cause whatever against the agency to be sworn
before a member, counsel or an attorney, officer or employee of the
agency 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 agency shall have power to settle or adjust all claims in
favor of or against the agency.

4. The rate of interest to be paid by the agency upon any judgment for
which it is liable, other than a judgment on its bonds, shall be the
rate prescribed by section five thousand four of the civil practice law
and rules. 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.