2006 New York Code - Actions Against The Authority.

 
    §  1212. Actions against the authority. 1. 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, its general manager
  or  other officer designated for such purpose and that the authority has
  neglected or refused to make an adjustment or payment thereof for thirty
  days after such presentment.
    2. Except in an action for  wrongful  death,  an  action  against  the
  authority  founded on tort shall not be commenced more than one year and
  ninety days after the happening of the event upon  which  the  claim  is
  based,  nor  unless  a  notice  of  claim  shall have been served on the
  authority within the time  limited,  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 for, 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 under the jurisdiction and control of the authority, upon
  the public streets, highways  or  railroads  within  the  city,  in  the
  discharge of a duty imposed upon such officer or employee at the time of
  the  accident,  injury  or  damages  complained  of, while acting in the
  performance of his duties and within the scope of his employment.
    4. No action shall be maintained against the authority or against such
  officer or employee on account of such negligence  unless  a  notice  of
  claim  shall  have been made and served on the authority within the time
  limited and in compliance with all the requirements of  section  fifty-e
  of  the  general  municipal law; nor unless it shall appear by and as an
  allegation in the complaint that at least thirty days have elapsed since
  the service of such notice upon a member of the authority,  its  general
  manager  or  other  officer  designated  for  such  purpose and that the
  authority has neglected or refused to make an adjustment or  payment  of
  the  claim  for thirty days after the service of such notice; nor unless
  such action shall be commenced within one year after the cause of action
  therefor shall have accrued.
    5. 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, touching 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.
    6. The rate of interest to  be  paid  by  the  authority,  or  by  its
  officers  or employees whose liability has been assumed by the authority
  pursuant to subdivision three of this  section,  upon  any  judgment  or
  accrued  claim  against the authority or such officer or employee, shall
  not exceed three per centum per annum.