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This entry was published on 2014-09-22
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SECTION 2638
Actions against the commission
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-A
§ 2638. Actions against the commission. 1. In an action against the
commission founded upon tort, the complaint shall contain an allegation
that at least thirty days have elapsed since the demand, claim or claims
upon which the action is founded were presented to a member of the
commission and to its secretary or to its chief executive officer, and
that the commission has neglected or refused to make an adjustment or
payment thereof for thirty days after the presentment.

2. In a case founded upon tort, a notice of claim shall be required as
a condition precedent to the commencement of an action or special
proceeding against the commission or an officer, appointee or employee
thereof, and the provisions of section fifty-e of the general municipal
law shall govern the giving of such notice. No action shall be commenced
more than one year and ninety days after the cause of action therefor
shall have accrued, except an action against the commission 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.