2006 New York Code - Actions Against Agency.



 
    §  2350-n.  Actions against agency. 1. No action or special proceeding
  shall be prosecuted or maintained against the agency 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 agency or of any member,
  officer, agent or employee thereof, unless (a) a notice of  claim  shall
  have  been  made  and  served  upon  the  agency  within  the time limit
  prescribed 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 (c)  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 agency
  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. Wherever a notice of claim is served upon the agency, 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 agency shall have power to settle or adjust all claims in favor
  of or against the agency.
    4.  Any  action or proceeding to which the agency 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 agency or its counsel in  any  action  or  proceeding
  questioning  the  validity  of  this  title  in  which the agency may be
  allowed to intervene. The venue of any such action or  proceeding  shall
  be laid in the supreme court of the county.
    5. The rate of interest to be paid by the agency upon any judgment for
  which  it  is  liable,  other than a judgment on its bonds, shall be the
  rate prescribed  by  section  three-a  of  the  general  municipal  law.
  Interest  on  payments  of principal or interest on any bonds in default
  shall accrue at the rate or rates set forth in such bonds from  the  due
  date thereof until paid or otherwise satisfied.
    6.  All  actions  or proceedings against the agency of whatever nature
  shall be brought in the supreme court of the county.

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