§ 1120-O — Actions against the authority

New York § 1120-O

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-B: Clifton Park Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1120-o. Actions against the authority. 1. No action or special\nproceeding shall be prosecuted or maintained against the authority for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless:\n (a) a notice of claim shall have been made and served upon the\nauthority within the time limit prescribed by and in compliance with\nsection 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\n (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based.\n 2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n 3. 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, officer or employee of the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n 4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against its bonds, shall\nbe the rate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate or rates set forth in such bonds from the due\ndate thereof until paid or otherwise satisfied.\n