1120-O - Actions against the authority.

§  1120-o.  Actions  against  the  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 against 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.