N.Y. Public Authorities Law § 3415: Actions against corporation

§ 3415. Actions against corporation. 1. Except in an action for

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

maintained against the corporation, 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 corporation or of any member, officer, agent or employee thereof,

unless (a) notice of claim shall have been made and served upon the

corporation 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 corporation 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 corporation, 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 corporation may require any person presenting for settlement an

account or claim for any cause whatsoever against the corporation to be

sworn before a director, counsel or an attorney, officer or employee of

the corporation 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 corporation shall have power to settle or

adjust all claims in favor of or against the corporation.

4. Any action or proceeding to which the corporation 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 corporation or its counsel in any action

or proceeding questioning the validity of this title in which the

corporation 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 corporation 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.

6. All actions or proceedings against the corporation of whatever

nature shall be brought in the county.