N.Y. Comp. Codes R. & Regs. tit. 21 § 109.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 109.4 - Inapplicability of section 2880

The provisions of this section covering prompt payment and interest eligibility shall not apply to payments due and owing by the authority:

(a) under the Eminent Domain Procedure Law;

(b)

(1) as interest allowed on judgments rendered by a court pursuant to any provision of law other than those contained in this section;

(2) however, notwithstanding any other provisions of law to the contrary, the authority's liability for incurring an obligation for interest payments pursuant to this section shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of claim on the date commencing a legal action for payment of such interest, whichever comes first;

(c) to the Federal government; to any State agency or its instrumentalities; to any duly constituted unit of local government, including, but not limited to, counties, cities, towns, villages, school districts, special districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity; and

(d) in situations where the authority exercises a legally authorized setoff against all or part of the payment due the contractor.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 109.4