Legislation
SECTION 1135*2
Actions against authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6-C*
* § 1135. Actions against authority. 1. No action or special
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 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
special proceeding shall be commenced within one year and ninety days
after the happening of the event upon which the claim is based.
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, officer or employee of the authority
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 on its 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.
* NB There are 2 § 1135's
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 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
special proceeding shall be commenced within one year and ninety days
after the happening of the event upon which the claim is based.
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, officer or employee of the authority
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 on its 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.
* NB There are 2 § 1135's