New York § 1174-O Actions against the authority

New York Statutes

§ 1174-O — Actions against the authority

New York·Law PBA Public Authorities·Title 7-A Water Authority of Southeastern Nassau County·Art. 5 Public Utility Authorities

§ 1174-o. Actions against the authority.

1.No action or proceeding\nshall be prosecuted or maintained against the authority 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 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 by and in compliance with section\nfifty-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 proceeding shall be commenced within

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§ 1174-o. Actions against the authority. 1. No action or proceeding\nshall be prosecuted or maintained against the authority 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 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 by and in compliance with section\nfifty-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 proceeding shall be commenced within one year and\nninety days after the cause of action therefor shall have accrued.\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, or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust all\nclaims in favor 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 the authority on\nbonds, shall not exceed six per centum per annum. Interest on payments\nof principal or interest on any bonds in default shall accrue at the\nrate borne by such bonds from the date thereof until paid or otherwise\nsatisfied.\n

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