N.Y. Public Authorities Law § 1226-s: Actions against water board and authority

§ 1226-s. Actions against water board and authority. 1. Except in an

action for wrongful death, no action or special proceeding shall be

prosecuted or maintained against either the water board or the authority

or their 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 either the water board or 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 water

board or the authority, as the case may be, within the time limit

prescribed 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 board

or 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 water board or the

authority, the water board or the authority, as the case may be, shall

have the right to demand an examination of the claim 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 water board or the authority, as the case may be, may require

any person presenting for settlement an account or claim for any cause

whatever against the water board or the authority, to be sworn before a

member, counsel, officer or employee of the water board or 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 water board or the authority, as the case may be, shall have

power to settle or adjust all claims in favor of or against the water

board or the authority, as the case may be.

4. Any action or proceeding to which the authority, water board 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 water board or the authority

upon any judgment for which it is liable, other than a judgment on bonds

of the authority, 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.