New York Laws
Title 13-F - Town of North Hempstead Solid Waste Management Authority
2049-P - Actions Against Authority.

§ 2049-p. Actions against authority. 1. Except in an action for
wrongful death, no action or special proceeding shall be prosecuted or
maintained against the authority 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 member, officer,
agent or employee thereof, unless (a) a notice of claim shall have been
made and served upon the authority within the time limit by and in
compliance with section fifty-e of the general municipal law or (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 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. Whenever a notice of claim is served upon the authority, 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 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.

4. The rate of interest to be paid by the authority 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.