Section 3616. 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, 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 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 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 performance 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 St. Lawrence 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 St. Lawrence county.