§ 1297 — Actions against the corporation

§ 1297. Actions against the corporation. 1. As a condition to the\nconsent of the state to such suits against the corporation, in every\naction against the corporation for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the\ncorporation or other officer designated for such purpose and that the\ncorporation has neglected or refused to make an adjustment or payment\nthereof.\n 2. An action against the corporation founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the corporation within the\ntime limited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the corporation\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n 3. The corporation may require any person, presenting for settlement\non account or claim for any cause whatever against the corporation, to\nbe sworn before a director, counsel or an attorney, officer or employee\nof the corporation designated for such purpose, concerning such account\nor claim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The corporation shall have power to settle or\nadjust all claims in favor of or against the corporation.\n 4. The rate of interest to be paid by the corporation upon any\njudgment for which it is liable shall not exceed four per centum per\nannum.\n