Section 3641. 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; and
        (d)  an  action  against  the  corporation for wrongful death shall be
      commenced in  accordance  with  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, 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 whatsoever
      nature shall be brought in the county.