State Codes and Statutes

Statutes > New-york > Pbg > Article-8 > 157

§  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.

State Codes and Statutes

Statutes > New-york > Pbg > Article-8 > 157

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbg > Article-8 > 157

§  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.