§ 2638 — Actions against the commission

§ 2638. Actions against the commission. 1. In an action against the\ncommission founded upon tort, the complaint shall contain an allegation\nthat at least thirty days have elapsed since the demand, claim or claims\nupon which the action is founded were presented to a member of the\ncommission and to its secretary or to its chief executive officer, and\nthat the commission has neglected or refused to make an adjustment or\npayment thereof for thirty days after the presentment.\n 2. In a case founded upon tort, a notice of claim shall be required as\na condition precedent to the commencement of an action or special\nproceeding against the commission or an officer, appointee or employee\nthereof, and the provisions of section fifty-e of the general municipal\nlaw shall govern the giving of such notice. No action shall be commenced\nmore than one year and ninety days after the cause of action therefor\nshall have accrued, except an action against the commission 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