§ 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.