N.Y. Public Authorities Law § 1199-oooo: Actions against the authority

§ 1199-oooo. 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 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;

(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.

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

thereof 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 against the authority on

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 or rates set

forth in such bonds from the due date thereof until paid or otherwise

satisfied.