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This entry was published on 2014-09-22
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Claims and actions against authorities
Public Housing (PBG) CHAPTER 44-A, ARTICLE 8
§ 157. Claims and actions against authorities. 1. In every action or
special proceeding, for any cause whatsoever, prosecuted or maintained
against an authority, other than a claim arising out of a condemnation
proceeding, the complaint or necessary moving papers shall contain an
allegation that at least thirty days have elapsed since the demand,
claim or claims upon which such action or special proceeding is founded
were presented to the authority for adjustment and that it has neglected
or refused to make an adjustment or payment thereof for thirty days
after such presentment.

2. An action against an authority for damages for injuries to real or
personal property, or for the destruction thereof, or for damages for
personal injuries, alleged to have been sustained by reason of the
negligence of, or by the creation or maintenance of a nuisance by said
authority, or any member, officer, agent or employee thereof, shall be
commenced within one year and ninety days after the cause of action
therefor shall have accrued, provided that a notice of the intention to
commence such action shall have been served upon the authority. All the
provisions of section fifty-e of the general municipal law shall apply
to such notice. The authority may require any claimant hereunder to be
examined as provided in section fifty-h of the general municipal law,
and all the provisions of such section shall apply to such examinations.

3. The authority may require any person presenting for settlement an
account or claim for any cause against the authority, except as to
examination on claims as set forth in subdivision two of this section,
to be sworn before a member, the secretary, counsel or an attorney of
the authority, touching such account or claim, and when so sworn, to
answer orally as to any facts relative to the adjustment of such account
or claim. The authority may settle or adjust all claims in favor or
against the authority, and all accounts in which the authority is
concerned as debtor or creditor; but in adjusting and settling such
claims, it shall, as far as practicable, be governed by the rules of law
and principles of equity which prevail in courts of justice.

4. This section shall not apply to claims, actions or proceedings by
obligees on bonds or covenants of an authority, or claims arising out of
condemnation proceedings except as provided in subdivision five herein.

5. The rate of interest to be paid by an authority upon any judgment
or accrued claim against the authority shall not exceed nine per centum
per annum.