179-O - Court actions or other legal processes. - New York Statutes

§ 179-o. Court actions or other legal processes. 1. Notwithstanding any other provision of law to the contrary, the liability of the state government, insofar as incurring an obligation to make an interest payment to a contractor pursuant to the terms of this article is concerned, shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. Any such interest payment owed by the state government in accordance with the provisions of this article as of such date shall be paid as directed by the court and, to the extent that the interest payment is attributable to processing delays caused by the state agency which received the proper invoice or by processing delays caused by the department of audit and control, such interest payment shall be made from funds available to said state agency or to the department of audit and control at the time of final judgment. 2. With respect to the court actions or other legal processes referred to in subdivision one of this section, any interest obligation incurred by the state government after the date specified in such subdivision pursuant to any provision of law other than this article shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any appropriation available for that purpose.