State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-b > 1197-n

§  1197-n.  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 any member, officer,  agent or employee thereof, unless:    (a) 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,    (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,    (c) the action or proceeding shall be commenced within one year  after  the happening of the event upon which the claim is based, and    (d)  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  member,  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 all  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 against the authority on  bonds, shall not exceed six per centum per annum. Interest  on  payments  of  principal  or  interest  on any bonds in default shall accrue at the  rate borne by such bonds from the date thereof until paid  or  otherwise  satisfied.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-b > 1197-n

§  1197-n.  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 any member, officer,  agent or employee thereof, unless:    (a) 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,    (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,    (c) the action or proceeding shall be commenced within one year  after  the happening of the event upon which the claim is based, and    (d)  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  member,  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 all  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 against the authority on  bonds, shall not exceed six per centum per annum. Interest  on  payments  of  principal  or  interest  on any bonds in default shall accrue at the  rate borne by such bonds from the date thereof until paid  or  otherwise  satisfied.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-b > 1197-n

§  1197-n.  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 any member, officer,  agent or employee thereof, unless:    (a) 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,    (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,    (c) the action or proceeding shall be commenced within one year  after  the happening of the event upon which the claim is based, and    (d)  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  member,  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 all  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 against the authority on  bonds, shall not exceed six per centum per annum. Interest  on  payments  of  principal  or  interest  on any bonds in default shall accrue at the  rate borne by such bonds from the date thereof until paid  or  otherwise  satisfied.