2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 13-M - (2053-A - 2053-Z) ROCKLAND COUNTY SOLID WASTE MANAGEMENT AUTHORITY
2053-Q - Actions against the authority.

 
    §  2053-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 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 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 by and in
  compliance with section fifty-e of the general municipal law, or (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 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. Actions to
  recover damages for personal injury or injury to property caused by  the
  latent   effects   of  exposure  to  any  substance  or  combination  of
  substances, in any form, upon or within  the  body  or  upon  or  within
  property  shall  be  governed  by  section two hundred fourteen-c of the
  civil practice law and rules.
    2. Wherever 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. 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  three-a  of  the  general  municipal law.
  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.
    5. 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 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 in which the principal office
  of the authority is located.