N.Y. HHC Law § 20 — New York Code / Act HHC / Section 20
Actions by and against the corporation
Status: in_force

§ 20. Actions by and against the corporation. 1. In every action\nagainst the corporation for damages for injuries to real or personal\nproperty, or for the destruction thereof, or for personal injuries or\ndeath, the complaint shall contain an allegation that at least thirty\ndays have elapsed since the demand, claim or claims upon which such\naction is founded were presented to a director or officer of the\ncorporation and that the corporation has neglected or refused to make an\nadjustment or payment thereof for thirty days after such presentment, or\nif the demand, claim or claims upon which such action is founded was\npresented to a director or officer of the corporation by service upon\nthe secretary of state pursuant to section fifty-three of the general\nmunicipal law, that at least forty days have elapsed since such service\nwas made, and that the corporation has neglected or refused to make an\nadjustment or payment thereof for forty days after such presentment.\n  2. Except in an action for wrongful death, an action against the\ncorporation for damages for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries, alleged to have\nbeen sustained, shall not be commenced more than one year and ninety\ndays after the cause of action thereof shall have accrued, nor unless a\nnotice of intention to commence such action and of the time when and the\nplace where the tort occurred and the injuries or damage, were\nsustained, together with a verified statement showing in detail the\nproperty alleged to have been damaged or destroyed and the value\nthereof, or the personal injuries alleged to have been sustained and by\nwhom, shall have been filed with a director or officer of the\ncorporation within ninety days after such cause of action shall have\naccrued. All the provisions of section fifty-e of the general municipal\nlaw shall apply to such notice. The corporation may require any claimant\nhereunder to be examined as provided in section fifty-h of the general\nmunicipal law, and all the provisions of such section shall apply to\nsuch examinations. An action against the corporation for wrongful death\nshall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of the public\nauthorities law.\n  3. All actions against the corporation of whatever nature shall be\nbrought in the city of New York, in the county within the city in which\nthe cause of action arose, or if it arose outside of the city, in the\ncounty of New York.\n  4. The corporation may require any person presenting for settlement an\naccount or claim for any cause against the corporation, except as to\nexamination on claims as set forth in subdivision two of this section,\nto be sworn before an officer, counsel or an attorney of the\ncorporation, touching such account or claim, and when so sworn, to\nanswer orally as to any facts relative to the adjustment of such account\nor claim. The corporation may settle or adjust all claims in favor of or\nagainst the corporation, and all accounts in which the corporation is\nconcerned as debtor or creditor; but in adjusting and settling such\nclaims, it shall, as far as practicable, be governed by the rules of law\nand principles of equity which prevail in courts of justice.\n  5. Except as hereinafter provided in this subdivision, the rate of\ninterest to be paid by the corporation upon any judgment or accrued\nclaim against the corporation shall not exceed three per centum per\nannum. The rate of interest to be paid upon any judgment or accrued\nclaim against the corporation arising out of an action to recover\ndamages for wrongful death shall not exceed six per centum per annum.\n  6. The corporation shall be an "agency" for the purposes of section\nfifty-k of the general municipal law and its officers and employees\nshall be entitled to legal representation and indemnification pursuant\nto the provisions of and subject to the conditions, procedures and\nlimitations contained in such section, except that any judgment or\nsettlement pursuant to this section shall be payable from the monies of\nthe corporation.\n