§ 1045-V — Actions against authority and water board

§ 1045-v. Actions against authority and water board. 1. Except in an\naction for wrongful death, no action or proceeding shall be prosecuted\nor maintained against the authority or the water board for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence or wrongful act of the authority\nor the board or of any member, officer, agent or employee thereof,\nunless (i) a notice of claim shall have been made and served upon the\nauthority or the water board, as the case may be, within the time limit\nby and in compliance with section fifty-e of the general municipal law,\n(ii) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused, and (iii) the action or proceeding shall be commenced within\none year after the happening of the event upon which the claim is based.\nAn action against the authority or water board for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n 2. Wherever a notice of claim is served upon the authority or the\nwater board, it shall have the right to demand an examination of the\nclaimant relative to the occurrence and extent of the injuries or\ndamages for which claim is made, in accordance with the provisions of\nsection fifty-h of the general municipal law.\n 3. The authority or the water board may require any person presenting\nfor settlement an account or claim for any cause whatever against the\nauthority or the water board, as the case may be, to be sworn before a\nmember, counsel or an attorney, officer or employee thereof designated\nfor such purpose, concerning such account or claim and when so sworn, to\nanswer orally as to any facts relative to such account or claim. The\nauthority or the water board shall have power to settle or adjust all\nclaims in favor of or against the authority or the water board, as the\ncase may be.\n 4. The rate of interest to be paid by the authority or the water board\nupon any judgment for which it is liable, other than a judgment against\nthe authority on bonds, shall not exceed the rate of interest on\njudgments and accrued claims against municipal corporations as provided\nin the general municipal law from time to time. Interest on payments of\nprincipal or interest on any bonds in default shall accrue at the rate\nborne by such bonds from the due date thereof until paid or otherwise\nsatisfied.\n