2045-O - Actions against agency.

§  2045-o. Actions against agency. 1. Except in an action for wrongful  death, no action or special proceeding shall be prosecuted or maintained  against the agency 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 agency or of any member, officer, agent or  employee  thereof,  unless  (a)  a notice of claim shall have been made and served  upon the agency within the time limit by and in compliance with  section  fifty-e  of  the general municipal law, (b) it shall appear by and as an  allegation in the complaint or moving papers 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  (c)  the  action  or  special  proceeding  shall  be commenced within one year and ninety days  after the happening of the event upon  which  the  claim  is  based.  An  action  against  the  agency  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. Wherever a notice of claim is served upon the agency, it shall have  the  right  to  demand  an  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.    3. The agency may require any person,  presenting  for  settlement  an  account  or  claim for any cause whatever against the agency to be sworn  before a member, counsel or an attorney,  officer  or  employee  of  the  agency 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 agency shall have power to settle or adjust all claims in  favor of or against the agency.    4. The rate of interest to be paid by the agency upon any judgment for  which it is liable, other than a judgment on its  bonds,  shall  be  the  rate  prescribed by section five thousand four of the civil practice law  and rules. Interest on payments of principal or interest on any bonds in  default shall accrue at the rate borne by such bonds from the  due  date  thereof until paid or otherwise satisfied.