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This entry was published on 2022-08-19
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Actions against the trust
Public Housing (PBG) CHAPTER 44-A, ARTICLE 15
§ 641. Actions against the trust. 1. Except in an action for wrongful
death, no action or proceeding shall be prosecuted or maintained against
the trust 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 trust or of any member of the board, 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 trust, 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 the period
provided under section fifty-i of the general municipal law. An action
against the trust for wrongful death shall be commenced in accordance
with the notice of claim and time limitation provisions of title eleven
of article nine of the public authorities law.

2. Wherever a notice of claim is served upon the trust, 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 trust may require any person presenting for settlement an
account or claim for any cause whatsoever against the trust to be sworn
before a member of the board, 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 trust shall have power to settle or adjust
any claims in favor of or against the trust.

4. The rate of interest to be paid by the trust upon any judgment for
which it is liable, other than a judgment on bonds, notes or other
obligations, 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, notes or other obligations in default shall accrue at the rate
specified in the general municipal law until paid or otherwise

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