2012 New York Consolidated Laws
PBG - Public Housing
Article 8 - (150 - 159) PROVISIONS RELATING TO APPROVAL, CONSTRUCTION, MANAGEMENT AND OPERATION OF PROJECTS
157 - Claims and actions against authorities.

 
    §  157. Claims and actions against authorities.  1. In every action or
  special proceeding, for any cause whatsoever, prosecuted  or  maintained
  against  an  authority, other than a claim arising out of a condemnation
  proceeding, the complaint or necessary moving papers  shall  contain  an
  allegation  that  at  least  thirty  days have elapsed since the demand,
  claim or claims upon which such action or special proceeding is  founded
  were presented to the authority for adjustment and that it has neglected
  or  refused  to  make  an  adjustment or payment thereof for thirty days
  after such presentment.
    2. An action against an authority for damages for injuries to real  or
  personal  property,  or  for the destruction thereof, or for damages for
  personal injuries, alleged to have  been  sustained  by  reason  of  the
  negligence  of,  or by the creation or maintenance of a nuisance by said
  authority, or any member, officer, agent or employee thereof,  shall  be
  commenced  within  one  year  and  ninety days after the cause of action
  therefor shall have accrued, provided that a notice of the intention  to
  commence  such action shall have been served upon the authority. All the
  provisions of section fifty-e of the general municipal law  shall  apply
  to  such  notice. The authority may require any claimant hereunder to be
  examined as provided in section fifty-h of the  general  municipal  law,
  and all the provisions of such section shall apply to such examinations.
    3.  The  authority may require any person presenting for settlement an
  account or claim for any cause  against  the  authority,  except  as  to
  examination  on  claims as set forth in subdivision two of this section,
  to be sworn before a member, the secretary, counsel or  an  attorney  of
  the  authority,  touching  such  account or claim, and when so sworn, to
  answer orally as to any facts relative to the adjustment of such account
  or claim. The authority may settle or adjust  all  claims  in  favor  or
  against  the  authority,  and  all  accounts  in  which the authority is
  concerned as debtor or creditor; but  in  adjusting  and  settling  such
  claims, it shall, as far as practicable, be governed by the rules of law
  and principles of equity which prevail in courts of justice.
    4.  This  section shall not apply to claims, actions or proceedings by
  obligees on bonds or covenants of an authority, or claims arising out of
  condemnation proceedings except as provided in subdivision five herein.
    5. The rate of interest to be paid by an authority upon  any  judgment
  or  accrued claim against the authority shall not exceed nine per centum
  per annum.