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This entry was published on 2014-09-22
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SECTION 2799-MM
Actions against the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 33
§ 2799-mm. Actions against the authority. 1. Except in an action for
wrongful death, no action or 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 director, officer,
agent or employee thereof, unless (a) it shall appear by and as an
allegation in the complaint or moving papers that a notice of claim
shall have been made and served upon the authority, within the time
limit prescribed 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 proceeding shall be
commenced within one year 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.

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 director, counsel or an attorney, officer or employee
thereof 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
any 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 bonds, shall not exceed
the rate of interest on judgments and accrued claims against municipal
authorities as provided in the general municipal law. Interest on
payments of principal or interest on any bonds in default shall accrue
at the rate specified in the general municipal law until paid or
otherwise satisfied.

5. The venue of every action, suit or special proceeding brought
against the authority shall be laid in the county of New York.

6. Neither any director of the authority nor any officer, employee, or
agent of the authority, while acting within the scope of his or her
authority, shall be subject to any liability resulting from exercising
or carrying out of any of the powers expressly given in this title. A
director, officer or employee of the authority shall be deemed an
"employee" for the purposes of section fifty-k of the general municipal
law.