2006 New York Code - Actions Against Authority.



 
    § 2793. Actions against 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) 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, (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, and (d)  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 may require any person presenting for settlement an
  account or claim for any cause whatever  against  the  authority  to  be
  sworn  before  a  member, counsel or an attorney, officer or employee of
  the authority designated for such purpose, concerning  such  account  or
  claim  and,  when so sworn, to answer orally as to any facts relative to
  such account or claim. 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.
    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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.