New York Laws
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.