NY Pub Auth L § 1299-P (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-A - Niagara Frontier Transportation Authority 1299-P - Actions Against the Authority.

§  1299-p.  Actions  against  the  authority. 1. As a condition to the   consent of the state to such  suits  against  the  authority,  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   or  other  officer  designated  for  such  purpose and the authority has   neglected or refused to make an adjustment or payment thereof.2. An action against the authority 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 authority 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 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, 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 owned or otherwise under the jurisdiction and control  of   the  authority  in  the discharge of a duty imposed upon such officer or   employee at the time of the accident, injury or damages  complained  of,   while  otherwise  acting in the performance of his duties and within the   scope of his employment.4. 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, 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.5. The rate of interest to be paid by the authority upon any  judgment   for which it is liable shall not exceed four per centum per annum.6.  The provisions of this section which relate to the requirement for   service of a notice of claim shall not apply to a subsidiary corporation   of the authority. In all other respects, each subsidiary corporation  of   the  authority  shall be subject to the provisions of this section as if   such subsidiary corporation  were  separately  named  herein,  provided,   however, that a subsidiary corporation of the authority which is a stock   corporation  shall  not  be  subject  to  the provisions of this section   except with respect to those causes of action arising on and  after  the   first day of the twelfth calendar month following that calendar month in   which  such  stock  corporation  becomes a subsidiary corporation of the   authority.