§ 157 — Claims and actions against authorities

New York § 157

• Jurisdiction: New York
• Law PBG: Public Housing
• Art. 8: Provisions Relating to Approval, Construction, Management and Operation of Projects

Text

§ 157. Claims and actions against authorities. 1. In every action or\nspecial proceeding, for any cause whatsoever, prosecuted or maintained\nagainst an authority, other than a claim arising out of a condemnation\nproceeding, the complaint or necessary moving papers shall contain an\nallegation that at least thirty days have elapsed since the demand,\nclaim or claims upon which such action or special proceeding is founded\nwere presented to the authority for adjustment and that it has neglected\nor refused to make an adjustment or payment thereof for thirty days\nafter such presentment.\n 2. An action against an authority for damages for injuries to real or\npersonal property, or for the destruction thereof, or for damages for\npersonal injuries, alleged to have been sustained by reason of the\nnegligence of, or by the creation or maintenance of a nuisance by said\nauthority, or any member, officer, agent or employee thereof, shall be\ncommenced within one year and ninety days after the cause of action\ntherefor shall have accrued, provided that a notice of the intention to\ncommence such action shall have been served upon the authority. All the\nprovisions of section fifty-e of the general municipal law shall apply\nto such notice. The authority may require any claimant hereunder to be\nexamined as provided in section fifty-h of the general municipal law,\nand all the provisions of such section shall apply to such examinations.\n 3. The authority may require any person presenting for settlement an\naccount or claim for any cause against the authority, except as to\nexamination on claims as set forth in subdivision two of this section,\nto be sworn before a member, the secretary, counsel or an attorney of\nthe authority, touching such account or claim, and when so sworn, to\nanswer orally as to any facts relative to the adjustment of such account\nor claim. The authority may settle or adjust all claims in favor or\nagainst the authority, and all accounts in which the authority is\nconcerned as debtor or creditor; but in adjusting and settling such\nclaims, it shall, as far as practicable, be governed by the rules of law\nand principles of equity which prevail in courts of justice.\n 4. This section shall not apply to claims, actions or proceedings by\nobligees on bonds or covenants of an authority, or claims arising out of\ncondemnation proceedings except as provided in subdivision five herein.\n 5. The rate of interest to be paid by an authority upon any judgment\nor accrued claim against the authority shall not exceed nine per centum\nper annum.\n