§ 1212 — Actions against the authority

New York § 1212

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York City Transit Authority
• Art. 5: Public Utility Authorities

Text

§ 1212. Actions against the authority. 1. In every action against the\nauthority for damages, for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, its general manager\nor other officer designated for such purpose and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n 2. Except in an action for wrongful death, an action against the\nauthority founded on tort shall not be commenced more than one year and\nninety days after the happening of the event upon which the claim is\nbased, nor unless a notice of claim shall have been served on the\nauthority within the time limited, and in compliance with all the\nrequirements of section fifty-e of the general municipal law. An action\nagainst 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 3. The authority shall be liable for, and shall assume the liability\nto the extent that it shall save harmless any duly appointed officer or\nemployee of the authority for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation under the jurisdiction and control of the authority, upon\nthe public streets, highways or railroads within the city, in the\ndischarge of a duty imposed upon such officer or employee at the time of\nthe accident, injury or damages complained of, while acting in the\nperformance of his duties and within the scope of his employment.\n 4. No action shall be maintained against the authority or against such\nofficer or employee on account of such negligence unless a notice of\nclaim shall have been made and served on the authority within the time\nlimited and in compliance with all the requirements of section fifty-e\nof the general municipal law; nor unless it shall appear by and as an\nallegation in the complaint that at least thirty days have elapsed since\nthe service of such notice upon a member of the authority, its general\nmanager or other officer designated for such purpose and that the\nauthority has neglected or refused to make an adjustment or payment of\nthe claim for thirty days after the service of such notice; nor unless\nsuch action shall be commenced within one year after the cause of action\ntherefor shall have accrued.\n 5. 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 of\nthe authority designated for such purpose, touching such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n 6. The rate of interest to be paid by the authority, or by its\nofficers or employees whose liability has been assumed by the authority\npursuant to subdivision three of this section, upon any judgment or\naccrued claim against the authority or such officer or employee, shall\nnot exceed three per centum per annum.\n