N.Y.
Public Authorities Law Section 2799-MM
Actions against the authority
1.
Except in an action for wrongful death, no action or proceeding shall be prosecuted or maintained against the authority for personal injury or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of the authority or of any director, officer, agent or employee thereof, unless (a) it shall appear by and as an allegation in the complaint or moving papers that a notice of claim shall have been made and served upon the authority, within the time limit prescribed by and in compliance with General Municipal Law § 50-E (Notice of claim)section fifty-e of the general municipal law, (b) it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice and that adjustment or payment thereof has been neglected or refused, and(c)
the action or proceeding shall be commenced within one year after the happening of the event upon which the claim is based. An action against the authority 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.2.
Wherever a notice of claim is served upon the authority, it shall have the right to demand an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made, in accordance with the provisions of General Municipal Law § 50-H (Examination of claims)section fifty-h of the general municipal law.3.
The authority may require any person presenting for settlement an account or claim for any cause whatever against the authority to be sworn before a director, counsel or an attorney, officer or employee thereof 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 authority shall have power to settle or adjust any claims in favor of or against the authority.4.
The rate of interest to be paid by the authority upon any judgment for which it is liable, other than a judgment on bonds, shall not exceed the rate of interest on judgments and accrued claims against municipal authorities as provided in the general municipal law. Interest on payments of principal or interest on any bonds in default shall accrue at the rate specified in the general municipal law until paid or otherwise satisfied.5.
The venue of every action, suit or special proceeding brought against the authority shall be laid in the county of New York.6.
Neither any director of the authority nor any officer, employee, or agent of the authority, while acting within the scope of his or her authority, shall be subject to any liability resulting from exercising or carrying out of any of the powers expressly given in this title. A director, officer or employee of the authority shall be deemed an “employee” for the purposes of General Municipal Law § 50-K (Civil actions against employees of the city of New York)section fifty-k of the general municipal law.
Source:
Section 2799-MM — Actions against the authority, https://www.nysenate.gov/legislation/laws/PBA/2799-MM (updated Sep. 22, 2014; accessed Apr. 27, 2024).
