N.Y. Public Authorities Law Section 1297
Actions against the corporation


1.

As a condition to the consent of the state to such suits against the corporation, in every action against the corporation for damages, for injuries to real or personal property or for the destruction thereof, or for personal injuries or death, the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action is founded were presented to a member of the corporation or other officer designated for such purpose and that the corporation has neglected or refused to make an adjustment or payment thereof.

2.

An action against the corporation founded on tort, except an action for wrongful death, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued, nor unless a notice of claim shall have been served on the corporation within the time limited by and in compliance with all the requirements of General Municipal Law § 50-E (Notice of claim)section fifty-e of the general municipal law. An action against the corporation for wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article 9 (General Provisions)article nine of this chapter.

3.

The corporation may require any person, presenting for settlement on account or claim for any cause whatever against the corporation, to be sworn before a director, counsel or an attorney, officer or employee of the corporation designated for such purpose, concerning such account or claim and when so sworn to answer orally as to any facts relative to such account or claim. The corporation shall have power to settle or adjust all claims in favor of or against the corporation.

4.

The rate of interest to be paid by the corporation upon any judgment for which it is liable shall not exceed four per centum per annum.

Source: Section 1297 — Actions against the corporation, https://www.­nysenate.­gov/legislation/laws/PBA/1297 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

1280
Short title
1281
Definitions
1282
New York state environmental facilities corporation
1283
Purposes of the corporation
1284
General powers of the corporation
1285
Special powers of the corporation
1285‑A
Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems
1285‑B
Additional special powers of the corporation with respect to projects and persons
1285‑C
Construction, operation and maintenance of industrial hazardous waste treatment, storage and disposal facilities
1285‑D
Studies regarding design, construction and operation of industrial waste treatment, storage and disposal facilities
1285‑E
Inactive hazardous waste disposal site remedial programs
1285‑F
Program for ultimate disposal of hazardous wastes
1285‑G
Industrial materials recycling program
1285‑H
Inactive hazardous waste disposal site remedial programs
1285‑I
Commercial and industrial waste audits
1285‑J
Water pollution control revolving fund
1285‑K
Financing of the design, acquisition, construction, improvement and installation of Riverbank Park
1285‑L
State park infrastructure projects
1285‑M
Drinking water revolving fund
1285‑N
Issuance and sale of recipient bonds and notes
1285‑O
Pipeline for jobs fund
1285‑P
State environmental infrastructure projects
1285‑Q
Financing of hazardous waste site remediation projects
1285‑R
State beginning farmer program
1285‑S
New York state intermunicipal water infrastructure grants program
1285‑T
Water infrastructure emergency financial assistance
1285‑U
Septic system replacement fund
1286
Acquisition and disposition of real property
1287
Construction contracts
1288
Co-operation and assistance of other agencies
1289
Transfer of officers and employees
1290
Notes and bonds of the corporation
1290‑A
Insurance and guarantees
1291
Reserve funds and appropriations
1292
Agreement of the state
1293
Right of state to require redemption of bonds
1294
Remedies of noteholders and bondholders
1295
Notes and bonds as legal investment
1296
Exemption from taxation
1297
Actions against the corporation
1298
Title not affected if in part unconstitutional or ineffective

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 1297’s source at nysenate​.gov

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