2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 28-B - (2650 - 2674) SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY
2670 - Actions against authority.

 
    § 2670. 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)  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 whatsoever 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 performance 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.
    6. All actions or proceedings against the authority of whatever nature
  shall be brought in the supreme court of Schenectady county.