§ 1297. Actions against the corporation. 1. As a condition to the
consent of the state to such suits against the corporation, in every
action against the corporation 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
corporation or other officer designated for such purpose and that the
corporation has neglected or refused to make an adjustment or payment
thereof.

2. An action against the corporation founded on tort, except an action
for wrongful death, shall not be commenced more than one year and ninety
days after the cause of action therefor shall have accrued, nor unless a
notice of claim shall have been served on the corporation within the
time limited by and in compliance with all the requirements of section
fifty-e of the general municipal law. An action against the corporation
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 corporation may require any person, presenting for settlement
on account or claim for any cause whatever against the corporation, to
be sworn before a director, counsel or an attorney, officer or employee
of the corporation 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 corporation shall have power to settle or
adjust all claims in favor of or against the corporation.

4. The rate of interest to be paid by the corporation upon any
judgment for which it is liable shall not exceed four per centum per
annum.