§ 2490-O — Actions against authority

New York § 2490-O

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 21: Saratoga Springs City Center Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2490-o. 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:\n (a) Notice of claim shall have been made and served upon the authority\nwithin the time limit by and in compliance with section fifty-e of the\ngeneral municipal law;\n (b) It shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused;\n (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; and\n (d) An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\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 made\nin accordance with the provisions of section fifty-h of the general\nmunicipal 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 five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n