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§ 880. Actions against the agency. (1) In an action against the agency
founded  upon  tort,  the  complaint shall contain an allegation that at
least thirty days have elapsed since the demand, claim  or  claims  upon
which the action is founded were presented to a member of the agency and
to  its secretary or to its chief executive officer, and that the agency
has neglected or refused to make an adjustment or  payment  thereof  for
thirty days after the presentment.

(2) In a case founded upon tort, a notice of claim shall be required as a condition precedent to the commencement of an action or special proceeding against the agency or an officer, appointee or employee thereof, and the provisions of section fifty-e of this chapter shall govern the giving of such notice. No action shall be commenced more than one year and ninety days after the cause of action therefor shall have accrued.