§ 1199-O — Actions against authority

New York § 1199-O

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-D: Rensselaer County Water and Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1199-o. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of 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 prescribed by\nand in compliance with section fifty-e of the general municipal law, (b)\nit 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 special proceeding shall be commenced\nwithin one year and ninety days after the happening of the event upon\nwhich the claim is based. An action against the authority for wrongful\ndeath shall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\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 on its bonds, shall be the\nrate 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