2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 28-BB - (2675-A - 2675-R) ALBANY CONVENTION CENTER AUTHORITY
2675-P - Actions against authority.

 
    §  2675-p.  Actions  against  authority.  1.  Except  in an action for
  wrongful death, no action for 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 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 applicable 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 Albany county.
    5. The rate of interest to be paid by the authority upon any judgement
  for  which  it  is liable, other than a judgement 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 Albany county.