N.Y. Public Authorities Law § 1193-a: Actions against the authority

§ 1193-a. Actions against the authority. 1. In every action or special

proceeding against the authority founded upon tort for damages to real

or personal property, or for the destruction thereof, or for personal

injuries or death, a notice of claim shall be required to be served upon

a member of the authority, its general manager or secretary as a

condition precedent to the commencement of an action or special

proceeding against the authority or any officer, appointee or employee

thereof, and the provisions of section fifty-e of the general municipal

law shall govern the giving of such notice.

2. Wherever a notice of claim is filed against the authority

examination of said claimant may be had by the authority in accordance

with the provisions of section fifty-h of the general municipal law.

3. The authority shall be liable for, and shall assume the liability

to the extent that it shall save harmless any duly appointed officer or

employee of the authority for the negligence of such officer or

employee, in the operation of a vehicle or other facility of

transportation under the jurisdiction and control of the authority, upon

the public streets, highways or railroads within the city, in the

discharge of a duty imposed upon such officer or employee at the time of

the accident, injury or damages complained of, while acting in the

performance of his duties and within the scope of his employment.

4. Except in an action for wrongful death, no action or special

proceeding against the authority founded on tort shall be commenced

later than one year and ninety days after the happening of the event or

events upon which the claim is based; nor unless it shall appear by and

as an allegation in the complaint that at least thirty days have elapsed

since the service of such notice of claim as required by subdivision one

of this section and that the authority has neglected or refused to make

an adjustment or payment of the claim for thirty days after the service

of such notice. 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.

5. The rate of interest to be paid by the authority, or by its

officers or employees whose liability has been assumed by the authority

pursuant to subdivision three of this section, upon any judgment or

accrued claim against the authority or such officer or employee, shall

be the rate of interest provided for in section three-a of the general

municipal law.

6. The venue of any action or proceeding against the authority of

whatever nature shall be laid in the county of Erie.