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This entry was published on 2014-09-22
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Actions against authority
Transportation (TRA) CHAPTER 61-A, ARTICLE 2-D
§ 62-a. Actions against authority. Except in an action for wrongful
death, no action or special proceeding shall be prosecuted or maintained
against the authority, its members, officers, or employees 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 (i) 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, (ii) 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 (iii) 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 the public authorities law.