§ 1276 — Actions against the authority

New York § 1276

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Metropolitan Commuter Transportation Authority
• Art. 5: Public Utility Authorities

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§ 1276. Actions against the authority. 1. As a condition to the\nconsent of the state to such suits against the authority, in every\naction against the authority for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the authority\nor other officer designated for such purpose and that the authority has\nneglected or refused to make an adjustment or payment thereof.\n 2. An action against the authority founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n 3. The authority shall be liable, and shall assume the liability to\nthe extent that it shall save harmless any duly appointed officer or\nemployee of the authority, for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation owned or otherwise under the jurisdiction and control of\nthe authority in the discharge of a duty imposed upon such officer or\nemployee at the time of the accident, injury or damages complained of,\nwhile otherwise acting in the performance of his duties and within the\nscope of his employment.\n 4. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n 5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall not exceed four per centum per annum.\n 6. The provisions of this section which relate to the requirement for\nservice of a notice of claim shall not apply to a subsidiary corporation\nof the authority. In all other respects, each subsidiary corporation of\nthe authority shall be subject to the provisions of this section as if\nsuch subsidiary corporation were separately named herein, provided,\nhowever, that a subsidiary corporation of the authority which is a stock\ncorporation shall not be subject to the provisions of this section\nexcept with respect to those causes of action arising on and after the\nfirst day of the twelfth calendar month following that calendar month in\nwhich such stock corporation becomes a subsidiary corporation of the\nauthority.\n