§ 2050-O — Actions against agency

§ 2050-o. Actions against agency. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the agency 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 agency or of any member, officer, agent or employee\nthereof, unless (a) a notice of claim shall have been made and served\nupon the agency within the time limit by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based. An\naction against the agency 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. Actions to recover damages\nfor personal injury or injury to property caused by the latent effects\nof exposure to any substance or combination of substances, in any form,\nupon or within the body or upon or within property shall be governed by\nsection two hundred fourteen-c of the civil practice law and rules.\n 2. Wherever a notice of claim is served upon the agency, it shall have\nthe 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 agency may require any person, presenting for settlement an\naccount or claim for any cause whatever against the agency to be sworn\nbefore a member, 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, 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