2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 33 - (2799-AA - 2799-UU) NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY
2799-MM - Actions against the authority.

 
    §  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  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 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  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 section fifty-k of the general  municipal
  law.