NY Pub Auth L § 1744 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 6 - The New York City School Construction Authority Act 1744 - Claims and Actions Against the Authority.

§  1744.  Claims  and  actions  against the authority. 1. Except in an   action for wrongful death, no action or proceeding shall  be  prosecuted   or  maintained  against the authority, or any member, officer, agent, or   employee thereof, 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 such member, officer,  agent  or   employee  thereof,  or for any other alleged tort of the authority or of   such member, officer, agency or employee thereof, unless  (i)  it  shall   appear  by and as an allegation in the complaint or moving papers that 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, and 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 (ii) the action or proceeding   shall be commenced within one year after the happening of the event upon   which  the  claim is based. 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.2. No action or proceeding for any cause whatever, other than the  one   for  personal  injury,  death,  property  damage or tort, which shall be   governed by subdivision one of this section,  relating  to  the  design,   construction,   reconstruction,   improvement,  rehabilitation,  repair,   furnishing or equipping of educational facilities, shall  be  prosecuted   or  maintained  against  the authority or any member, officer, agent, or   employee thereof, unless (i) it shall appear by and as an allegation  in   the  complaint  or  moving  papers,  that  a detailed, written, verified   notice of each claim upon which any part of such action or proceeding is   founded was presented to the board within three months after the accrual   of such claim, that at least thirty days have elapsed since such  notice   was  so  presented  and that the authority or the officer or body having   the power to adjust or pay said claim has neglected or refused  to  make   an  adjustment  or  payment  thereof,  and (ii) the action or proceeding   shall have been commenced within one year after  the  happening  of  the   event  upon  which  the  claim is based; provided, however, that nothing   contained in this subdivision shall be deemed to modify or supersede any   provision of law or contract specifying a  shorter  period  of  time  in   which  to  commence  such  action or proceeding, or to excuse compliance   with any other conditions required by contract to be satisfied prior  to   the  commencement of such action or proceeding. In the case of an action   or special proceeding for monies due arising out of contract, accrual of   such claim shall be deemed to have occurred as of the date  payment  for   the amount claimed was denied.3.  The  notice of each claim presented pursuant to subdivision two of   this section must set forth in detail with respect to  such  claim;  (i)   the amount of the claim; (ii) a specific and detailed description of the   grounds  for  the claim, relating the dollar amount claimed to the event   purportedly giving rise to the  claim  and  indicating  how  the  dollar   amount  is  arrived  at;  and  (iii)  the  date  of  the event allegedly   underlying the claim.4. The provisions of subdivision two of  section  twenty-five  hundred   sixty-two  of  the  education law shall apply to all claims made against   the authority.5. The authority shall have power to settle or adjust  all  claims  in   favor of or against the authority.6.  Whenever  a  notice of claim is served upon the authority alleging   personal  injury,  it  shall  have  the  right  to  demand  a   physical   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.7.  The rate of interest to be paid by the authority upon any judgment   for which it is liable,  shall  not  exceed  the  rate  of  interest  on   judgments  and accrued claims against municipal corporations as provided   in the general municipal law from time to time.