2006 New York Code - Actions Against The Authority.



 
    §  1317.  Actions  against  the  authority.  1.  As a condition to the
  consent of the state to such  suits  against  the  authority,  in  every
  action  against  the  authority  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 authority
  or  other  officer  designated  for  such  purpose and the authority has
  neglected or refused to make an adjustment or payment thereof.
    2. An action against the authority founded on tort, except  an  action
  for  wrongful death, shall not be commenced more than one year after the
  cause of action therefor shall have accrued,  nor  unless  a  notice  of
  claim shall have been served on the authority within the time limited by
  and  in  compliance  with all the requirements of section fifty-e of the
  general municipal law. 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 nine of this chapter.
    3.  The  authority  shall be liable, and shall assume the liability to
  the extent that it shall save harmless any  duly  appointed  officer  or
  employee  of  the  authority,  for  the  negligence  of  such officer or
  employee,  in  the  operation  of  a  vehicle  or  other   facility   of
  transportation  owned or otherwise under the jurisdiction and control of
  the authority in the discharge of a duty imposed upon  such  officer  or
  employee  at  the time of the accident, injury or damages complained of,
  while otherwise acting in the performance of his duties and  within  the
  scope of his employment.
    4.  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  member, counsel or an attorney, officer or employee of
  the authority 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 all claims in favor of or against the authority.
    5.  The rate of interest to be paid by the authority upon any judgment
  for which it is liable shall not exceed four per centum per annum.
    6. The provisions of this section which relate to the requirement  for
  service of a notice of claim shall not apply to a subsidiary corporation
  of  the authority. In all other respects, each subsidiary corporation of
  the authority shall be subject to the provisions of this section  as  if
  such  subsidiary  corporation  were  separately  named herein, provided,
  however, that a subsidiary corporation of the authority which is a stock
  corporation shall not be subject  to  the  provisions  of  this  section
  except  with  respect to those causes of action arising on and after the
  first of the twelfth calendar month following  that  calendar  month  in
  which  such  stock  corporation  becomes a subsidiary corporation of the
  authority.

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