§ 1196-M — Actions against an authority

New York § 1196-M

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-A: New York State Local Water and Sewer Authority Act
• Art. 5: Public Utility Authorities

Text

§ 1196-m. Actions against an authority. 1. Except in an action for\nwrongful death, no action or proceeding shall be prosecuted or\nmaintained against an authority for personal injury or damage to real or\npersonal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or proceeding shall be commenced within one year\nafter the happening of the event upon which the claim is based. An\naction against the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n 2. Wherever a notice of claim is served upon an 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. An 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. An 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 an 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 due date thereof until paid or\notherwise satisfied.\n