§ 880. Actions against the agency. (1) In an action against the agency
founded upon tort, the complaint shall contain an allegation that at
least thirty days have elapsed since the demand, claim or claims upon
which the action is founded were presented to a member of the agency and
to its secretary or to its chief executive officer, and that the agency
has neglected or refused to make an adjustment or payment thereof for
thirty days after the presentment.

(2) In a case founded upon tort, a notice of claim shall be required
as a condition precedent to the commencement of an action or special
proceeding against the agency or an officer, appointee or employee
thereof, and the provisions of section fifty-e of this chapter shall
govern the giving of such notice. No action shall be commenced more than
one year and ninety days after the cause of action therefor shall have
accrued.