2006 New York Code - Actions Against The Authority.



 
    §  1475-q.  Actions  against the authority. 1. Except in an action for
  wrongful death, no action or special proceeding shall be  prosecuted  or
  maintained against the authority, its members, officers or employees for
  personal  injury  or damage to real or personal property alleged to have
  been sustained by reason of the negligence, tort or wrongful act of  the
  authority  or  of any member, officer, agent or employee thereof, unless
  (a) notice of claim shall have been made and served upon  the  authority
  within  the  time limit set by and in compliance with section fifty-e of
  the general municipal law, (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  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  shall have power to settle or adjust all claims in
  favor of or against the authority.
    4. Any action or proceeding to which the authority or  the  people  of
  the  state  may  be  parties,  in  which  any  question arises as to the
  validity of this title, shall be preferred over all other  civil  causes
  of  action  or  cases, except election causes of action or cases, in all
  courts of the state and shall be heard and determined in  preference  to
  all  other  civil  business  pending  therein  except  election  causes,
  irrespective of position on the calendar. The same preference  shall  be
  granted  upon  application of the authority or its counsel in any action
  or proceeding questioning the  validity  of  this  title  in  which  the
  authority  may  be allowed to intervene. The venue of any such action or
  proceeding shall be laid in the supreme court of the county of Onondaga.
    5. 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.
    6. All actions or proceedings against the authority of whatever nature
  shall be brought in the supreme court of the county of Onondaga.

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