§ 1744 — Claims and actions against the authority

New York § 1744

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6: The New York City School Construction Authority Act
• Art. 8: Miscellaneous Authorities

Text

§ 1744. Claims and actions against the authority. 1. Except in an\naction for wrongful death, no action or proceeding shall be prosecuted\nor maintained against the authority, or any member, officer, agent, or\nemployee thereof, for personal injury or damage to real or personal\nproperty alleged to have been sustained by reason of the negligence or\nwrongful act of the authority or of any such member, officer, agent or\nemployee thereof, or for any other alleged tort of the authority or of\nsuch member, officer, agency or employee thereof, unless (i) it shall\nappear by and as an allegation in the complaint or moving papers that a\nnotice of claim shall have been made and served upon the authority,\nwithin the time limit prescribed by and in compliance with section\nfifty-e of the general municipal law, and that at least thirty days have\nelapsed since the service of such notice and that adjustment or payment\nthereof has been neglected or refused, and (ii) the action or proceeding\nshall be commenced within one year 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. No action or proceeding for any cause whatever, other than the one\nfor personal injury, death, property damage or tort, which shall be\ngoverned by subdivision one of this section, relating to the design,\nconstruction, reconstruction, improvement, rehabilitation, repair,\nfurnishing or equipping of educational facilities, shall be prosecuted\nor maintained against the authority or any member, officer, agent, or\nemployee thereof, unless (i) it shall appear by and as an allegation in\nthe complaint or moving papers, that a detailed, written, verified\nnotice of each claim upon which any part of such action or proceeding is\nfounded was presented to the board within three months after the accrual\nof such claim, that at least thirty days have elapsed since such notice\nwas so presented and that the authority or the officer or body having\nthe power to adjust or pay said claim has neglected or refused to make\nan adjustment or payment thereof, and (ii) the action or proceeding\nshall have been commenced within one year after the happening of the\nevent upon which the claim is based; provided, however, that nothing\ncontained in this subdivision shall be deemed to modify or supersede any\nprovision of law or contract specifying a shorter period of time in\nwhich to commence such action or proceeding, or to excuse compliance\nwith any other conditions required by contract to be satisfied prior to\nthe commencement of such action or proceeding. In the case of an action\nor special proceeding for monies due arising out of contract, accrual of\nsuch claim shall be deemed to have occurred as of the date payment for\nthe amount claimed was denied.\n 3. The notice of each claim presented pursuant to subdivision two of\nthis section must set forth in detail with respect to such claim; (i)\nthe amount of the claim; (ii) a specific and detailed description of the\ngrounds for the claim, relating the dollar amount claimed to the event\npurportedly giving rise to the claim and indicating how the dollar\namount is arrived at; and (iii) the date of the event allegedly\nunderlying the claim.\n 4. The provisions of subdivision two of section twenty-five hundred\nsixty-two of the education law shall apply to all claims made against\nthe authority.\n 5. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n 6. Whenever a notice of claim is served upon the authority alleging\npersonal injury, it shall have the right to demand a physical\nexamination of the claimant relative to the occurrence and extent of the\ninjuries or damages for which claim is made, in accordance with the\nprovisions of section fifty-h of the general municipal law.\n 7. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, shall not exceed the rate of interest on\njudgments and accrued claims against municipal corporations as provided\nin the general municipal law from time to time.\n