N.Y. Public Authorities Law § 3970: Actions against the authority

§ 3970. Actions against the authority. 1. Except in an action for

wrongful death, no action or 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 director, officer,

agent or employee thereof, unless: (a) it shall appear by and as an

allegation in the complaint or moving papers that 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 proceeding shall be

commenced within one year 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, 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 director, counsel or an attorney, officer or employee

thereof 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 any

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 bonds, notes or other

obligations, shall not exceed the maximum rate of interest on judgments

and accrued claims against municipal authorities as provided in the

general municipal law. Interest on payments of principal or interest on

any bonds, notes or other obligations in default shall accrue at the

rate specified in the general municipal law until paid or otherwise

satisfied.

5. The venue of every action, suit or special proceeding brought

against the authority shall be the supreme court in the county.

6. Neither any director of the authority nor any officer, employee, or

agent of the authority, while acting within the scope of his or her

authority, shall be subject to any liability resulting from exercising

or carrying out any of the powers given in this title.

7. (a) The state shall hold harmless and indemnify directors, officers

and employees of the authority, all of whom shall be deemed officers and

employees of the state for purposes of section seventeen of the public

officers law, against any claim, demand, suit, or judgment arising by

reason of any act or omission to act by such director, officer, or

employee occurring in the discharge of his or her duties and within the

scope of his or her service on behalf of the authority including any

claim, demand, suit or judgment based on allegations that financial loss

was sustained by any person in connection with the acquisition,

disposition or holding of securities or other obligations. In the event

of any such claim, demand, suit or judgment, a director, officer or

employee of the authority shall be held harmless and indemnified,

notwithstanding the limitations of subdivision one of section seventeen

of the public officers law, unless such individual is found by a final

judicial determination not to have acted, in good faith, for a purpose

which he or she reasonably believed to be in the best interest of the

authority or not to have had reasonable cause to believe that his or her

conduct was lawful.

(b) In connection with any such claim, demand, suit, or judgment, any

director, officer or employee of the authority shall be entitled to

representation by private counsel of his or her choice in any civil

judicial proceeding whenever the attorney general determines based upon

his or her investigation and review of the facts and circumstances of

the case that representation by the attorney general would be

inappropriate. The attorney general shall notify the individual in

writing of such determination that the individual is entitled to be

represented by private counsel. The attorney general may require, as a

condition to payment of the fees and expenses of such representative,

that appropriate groups of such individuals be represented by the same

counsel. If the individual or groups of individuals are entitled to

representation by private counsel under the provisions of this section,

the attorney general shall so certify to the state comptroller.

Reasonable attorneys' fees and litigation expenses shall be paid by the

state to such private counsel from time to time during the pendency of

the civil action or proceeding, subject to certification that the

individual is entitled to representation under the terms and conditions

of this section by the authority, upon the audit and warrant of the

state comptroller. The provisions of this subdivision shall be in

addition to and shall not supplant any indemnification or other benefits

heretofore or hereafter conferred upon directors, officers, or employees

of and representatives to the authority by section seventeen of the

public officers law, by action of the authority or otherwise. The

provisions of this subdivision shall inure only to directors, officers

and employees of the authority, shall not enlarge or diminish the rights

of any other party, and shall not impair, limit or modify the rights and

obligations of any insurer under any policy of insurance.