1276 - Actions against the authority.

§  1276.  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 that 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 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.