N.Y. Public Authorities Law § 1949-c: Actions against the authority

§ 1949-c. Actions against the authority. 1. Except for wrongful death

actions, 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 of 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 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 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, the

authority 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 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, 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 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 on bonds or the authority,

shall be the rate prescribed by section three-a of the general municipal

law. 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.