State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-e > 1199-oo

* § 1199-oo. 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 and  ninety days 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 be the rate prescribed by section three-a  of  the  general  municipal  law.  Interest  on  payments  of principal or interest on any  bonds in default shall accrue at the rate or rates  set  forth  in  such  bonds from the due date thereof until paid or otherwise satisfied.    * NB There are 2 § 1199-oo's

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-e > 1199-oo

* § 1199-oo. 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 and  ninety days 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 be the rate prescribed by section three-a  of  the  general  municipal  law.  Interest  on  payments  of principal or interest on any  bonds in default shall accrue at the rate or rates  set  forth  in  such  bonds from the due date thereof until paid or otherwise satisfied.    * NB There are 2 § 1199-oo's

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-8-e > 1199-oo

* § 1199-oo. 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 and  ninety days 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 be the rate prescribed by section three-a  of  the  general  municipal  law.  Interest  on  payments  of principal or interest on any  bonds in default shall accrue at the rate or rates  set  forth  in  such  bonds from the due date thereof until paid or otherwise satisfied.    * NB There are 2 § 1199-oo's