2023 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.