§ 2049-OO — Actions against authority

§ 2049-oo. 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 by and in\ncompliance with section fifty-e of the general municipal law, (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter. Actions to\nrecover damages for personal injury or injury to property caused by the\nlatent effects of exposure to any substance or combination of\nsubstances, in any form, upon or within the body, or upon or within\nproperty, shall be governed by section two hundred fourteen-c of the\ncivil practice law and rules.\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 or an attorney, officer or employee of\nthe authority designated for such purpose, concerning 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 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 borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n