This text of New York § 1115-U (Actions against authority and water board) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 1115-u. 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 water board or of any member, officer, agent or employee thereof,\nunless (a) 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(b) 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
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§ 1115-u. 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 water board or of any member, officer, agent or employee thereof,\nunless (a) 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(b) 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 (c) the action or proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority or water board for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of this\nchapter.\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 designated for such\npurpose concerning such account or claim when so sworn, to answer orally\nas to any facts relative to such account or claim. The authority or the\nwater board shall have power to settle or adjust all claims in favor of\nor against the authority or the water board, as the case 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 its bonds, shall not exceed the rate of interest on\njudgements 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