N.Y. Laws » CHAPTER Public Authorities / ARTICLE Miscellaneous Authorities / TITLE The New York City School Construction Authority Act
New York Consolidated Laws

N.Y. Public Authorities Law § 1744 (2026)

Claims and actions against the authority

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1995–2026 · leading case: Koren-DiResta Constr. Co., Inc. v. New York City Sch. Constr. Auth., 293 A.D.2d 189 (N.Y. App. Div. 2002).
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Koren-DiResta Constr. Co., Inc. v. New York City Sch. Constr. Auth., 293 A.D.2d 189 (N.Y. App. Div. 2002). · cites it 4× “This dispute concerns the application of the notice of claim requirement imposed by Public Authorities Law § 1744 (2), specifically, the question of when the three-month period to file a notice of claim began to run against plaintiff.”
C.S.A. Contracting Corp. v. New York City Sch. Constr. Auth., 833 N.E.2d 266 (N.Y. 2005). · cites it 3× “timely filed a notice of claim pursuant to Public Authorities Law § 1744 (2) in this breach of contract action seeking payment from defendant New York City School Construction Authority for work it performed.”
Bri-Den Constr. Co. v. New York City Sch. Constr. Auth., 55 A.D.3d 649 (N.Y. App. Div. 2008). · cites it 6× “Pursuant to Public Authorities Law § 1744 (2), “[n]o action or proceeding for any cause whatever [excepting certain causes of action sounding in tort, which are governed by Public Authorities Law § 1744 (1)] shall be prosecuted or maintained against the [New York City School…”
Pecchio v. Nat'l Saf. Env't, 211 A.D.2d 773 (N.Y. App. Div. 1995). · cites it 2× “), dated September 7, 1993, which denied his application pursuant to Public Authorities Law § 1744 for leave to serve a late notice of claim upon the New York City School Construction Authority.”
Micro-Link, LLC v. Town of Amherst, 73 A.D.3d 1426 (N.Y. App. Div. 2010). “In that case, the Court of Appeals determined that the notice of claim was untimely because it was not submitted within three months of accrual of the plaintiff’s claims pursuant to Public Authorities Law § 1744 (2) (id. at 192-193).”
Marmolejo v. New York City Sch. Constr. Auth., 195 Misc. 2d 708 (N.Y. Sup. Ct. 2003). · cites it 5× “This motion presents a novel issue: Is an entity which enters into a contract with the New York City School Construction Authority (NYCSCA or the Authority) to renovate a school an *709 “agent” and thereby entitled to the benefit of the one-year statute of limitations contained…”
New York City Sch. Constr. Auth. v. Kallen, 290 A.D.2d 497 (N.Y. App. Div. 2002). “The defendant’s damages became ascertainable once the work at issue was completed, and the defendant failed to file a notice of claim within three months of that date as required by statute (see, Public Authorities Law § 1744 [2]). Therefore, the plaintiffs motion should have…”
D & L Assocs., Inc. v. New York City Sch. Constr. Auth., 69 A.D.3d 435 (N.Y. App. Div. 2010). “Plaintiffs fourth contract claim is also time-barred as beyond the one-year statute of limitations set forth in Public Authorities Law § 1744 (2). Given that plaintiffs September 2002 notice of claim alleged that defendant breached the contract, it triggered the running of the…”
Popular Constr., Inc. v. New York City Sch. Constr. Auth., 268 A.D.2d 467 (N.Y. App. Div. 2000). · cites it 3× “The defendant moved for summary judgment dismissing the complaint on the grounds that the notice of claim was not timely filed and, in any event, that the complaint was time-barred.”
Arnell Constr. Corp. v. New York City Sch. Constr. Auth., 2026 NY Slip Op 02811 (N.Y. App. Div. 2026). · cites it 6× “Here, it is undisputed that the January 2021 notice of claim was served more than three months after accrual of the claim upon which this action is founded ( see Public Authorities Law § 1744[2]). Contrary to the plaintiff's contention, it failed to demonstrate that the SCA…”
BG Natl. Plumbing & Heating, Inc. v. New York City Sch. Constr. Auth., 2021 NY Slip Op 03435 (N.Y. App. Div. 2021). · cites it 3× “" On or about June 1, 2018, the defendant moved to dismiss the complaint, inter alia, on the ground that the notice of claim failed to comply with Public Authorities Law § 1744. On or about July 17, 2018, the plaintiff cross-moved pursuant to General Municipal Law § 50-e for…”
P & C Giampilis Contracting Co. v. New York City Sch. Constr. Auth., 211 A.D.2d 524 (N.Y. App. Div. 1995). “Plaintiff’s notice of claim, served July 25, 1991, was not presented to defendant "within three months after the accrual of such claim” (Public Authorities Law § 1744 [2]; Education Law § 3813 [former (1)]), i.”
Show all 24 citing cases →
N.Y. Public Authorities Law § 1744(1): 1 case
Sosnicki v. New York City Sch. Constr. Auth., 2024 NY Slip Op 01832 (N.Y. App. Div. 2024).
N.Y. Public Authorities Law § 1744(2): 5 cases
Arnell Constr. Corp. v. New York City Sch. Constr. Auth., 2026 NY Slip Op 02811 (N.Y. App. Div. 2026). “Here, it is undisputed that the January 2021 notice of claim was served more than three months after accrual of the claim upon which this action is founded ( see Public Authorities Law § 1744[2]). Contrary to the plaintiff's contention, it failed to demonstrate that the SCA…”
BG Natl. Plumbing & Heating, Inc. v. New York City Sch. Constr. Auth., 2021 NY Slip Op 03435 (N.Y. App. Div. 2021). “" On or about June 1, 2018, the defendant moved to dismiss the complaint, inter alia, on the ground that the notice of claim failed to comply with Public Authorities Law § 1744. On or about July 17, 2018, the plaintiff cross-moved pursuant to General Municipal Law § 50-e for…”
Arnell Constr. Corp. v. New York City Sch. Constr. Auth., 2020 NY Slip Op 4445 (N.Y. App. Div. 2020).
Corbex, Inc. v. New York City Sch. Constr. Auth., 2025 NY Slip Op 06894 (N.Y. App. Div. 2025).
Lanmark Grp., Inc. v. New York City Sch. Constr. Auth., 2018 NY Slip Op 8752 (N.Y. App. Div. 2018).
N.Y. Public Authorities Law § 1744(3): 1 case
BG Natl. Plumbing & Heating, Inc. v. New York City Sch. Constr. Auth., 2021 NY Slip Op 03435 (N.Y. App. Div. 2021). “" On or about June 1, 2018, the defendant moved to dismiss the complaint, inter alia, on the ground that the notice of claim failed to comply with Public Authorities Law § 1744. On or about July 17, 2018, the plaintiff cross-moved pursuant to General Municipal Law § 50-e for…”
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