N.Y. Public Authorities Law § 2053-q: Actions against the authority

§ 2053-q. 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 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 by and in

compliance with section fifty-e of the general municipal law, or (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. Actions to

recover damages for personal injury or injury to property caused by the

latent effects of exposure to any substance or combination of

substances, in any form, upon or within the body or upon or within

property shall be governed by section two hundred fourteen-c of the

civil practice law and rules.

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 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. The rate of interest to be paid by the authority upon any judgment

for which it is liable, other than a judgment on its bonds, 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 borne by such bonds from the due date thereof

until paid or otherwise satisfied.

5. 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 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 in which the principal office

of the authority is located.