§ 2046-I — Actions against agency

§ 2046-i. Actions against agency. 1. In every action against the\nagency for damages, for injuries to real or personal property or for the\ndestruction thereof, or for personal injuries or death, the complaint\nshall contain an allegation that at least thirty days have elapsed since\nthe demand, claim or claims upon which such action is founded were\npresented to a member of the agency or other officer designated for such\npurpose and that the agency has neglected or refused to make an\nadjustment or payment thereof.\n 2. Except in an action for wrongful death, an action against the\nagency founded on tort shall not be commenced more than one year and\nninety days after the cause of action therefor shall have accrued, nor\nunless a notice of claim shall have been served on the agency 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 agency for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of this\nchapter.\n 3. The agency may require any person, presenting for settlement an\naccount or claim for any cause whatever against the agency, to be sworn\nbefore a director, counsel or an attorney, officer or employee of the\nagency designated for such purpose, concerning such account or claim and\nwhen so sworn to answer orally as to any facts relative to such account\nor claim. The agency shall have power to settle or adjust all claims in\nfavor of or against the agency.\n 4. The rate of interest to be paid by the agency upon any judgment for\nwhich it is liable, other than a judgment on its bonds or notes, shall\nnot exceed nine per centum per annum.\n