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This entry was published on 2014-09-22
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Actions against the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-I
§ 2051-o. Actions against the 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 by and in
compliance with section fifty-e of the general municipal law, or (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. Actions to
recover damages for personal injury or injury to property caused by the
latent effects of exposure to any substance or combination of
substances, in any form, upon or within the body or upon or within
property shall be governed by section two hundred fourteen-c of the
civil practice law and rules.

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 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.

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 borne by such bonds from the due date thereof
until paid or otherwise satisfied.