Section 3415. Actions against corporation  


Latest version.
  • 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.