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This entry was published on 2014-09-22
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SECTION 2046-I
Actions against agency
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-C
§ 2046-i. Actions against agency. 1. In every action against the
agency 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 agency or other officer designated for such
purpose and that the agency has neglected or refused to make an
adjustment or payment thereof.

2. Except in an action for wrongful death, an action against the
agency founded on tort 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 agency 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 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.

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 director, 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 or notes, shall
not exceed nine per centum per annum.