N.Y. Public Authorities Law § 2793: Actions against authority

§ 2793. Actions against authority. 1. Except in an action for wrongful

death, no action or special proceeding shall be prosecuted or maintained

against the authority, its 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 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 set 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, (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, and (d) 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. Whenever 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. 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 its 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 borne by such bonds from the due date

thereof until paid or otherwise satisfied.