2012 New York Consolidated Laws
PBA - Public Authorities
Article 5 - PUBLIC UTILITY AUTHORITIES
Title 8-F - (1199-AAA - 1199-XXX) SARATOGA COUNTY WATER AUTHORITY
1199-OOO - Actions against the authority.


NY Pub Auth L § 1199-OOO (2012) What's This?
 
    §  1199-ooo. Actions against the authority. 1. 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 any member, officer, agent or employee thereof, unless:
    (a)  a  notice  of  claim  shall  have  been  made and served upon the
  authority within the time limit prescribed by  and  in  compliance  with
  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 and
  ninety days after the happening of the event upon  which  the  claim  is
  based. Venue of any such action shall be in the county.
    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  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  member,  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 all
  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 against the authority on
  bonds, shall be the rate prescribed by section three-a  of  the  general
  municipal  law.  Interest  on  payments  of principal or interest on any
  bonds in default shall accrue at the rate or rates  set  forth  in  such
  bonds from the due date thereof until paid or otherwise satisfied.

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