§ 641 — Actions against the trust

§ 641. Actions against the trust. 1. Except in an action for wrongful\ndeath, no action or proceeding shall be prosecuted or maintained against\nthe trust for personal injury or damage to real or personal property\nalleged to have been sustained by reason of the negligence or wrongful\nact of the trust or of any member of the board, officer, agent or\nemployee thereof, unless (a) it shall appear by and as an allegation in\nthe complaint or moving papers that a notice of claim shall have been\nmade and served upon the trust, within the time limit prescribed by and\nin compliance 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 proceeding shall be commenced within the period\nprovided under section fifty-i of the general municipal law. An action\nagainst the trust for wrongful death shall be commenced in accordance\nwith the notice of claim and time limitation provisions of title eleven\nof article nine of the public authorities law.\n 2. Wherever a notice of claim is served upon the trust, 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 trust may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the trust to be sworn\nbefore a member of the board, counsel or an attorney, officer or\nemployee thereof 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 trust shall have power to settle or adjust\nany claims in favor of or against the trust.\n 4. The rate of interest to be paid by the trust upon any judgment for\nwhich it is liable, other than a judgment on bonds, notes or other\nobligations, shall not exceed the rate of interest on judgments and\naccrued claims against municipal authorities as provided in the general\nmunicipal law. Interest on payments of principal or interest on any\nbonds, notes or other obligations in default shall accrue at the rate\nspecified in the general municipal law until paid or otherwise\nsatisfied.\n 5. The venue of every action, suit or special proceeding brought\nagainst the trust shall be laid in the county of New York.\n