Section 3020. Actions against a municipal assistance corporation; indemnification  


Latest version.
  • 1. Except in an action for wrongful death,  an  action  against  a  municipal  assistance  corporation  for  personal  injury or
      property damage or founded on tort shall not be commenced more than  one
      year  and  ninety  days after the cause of action shall have accrued nor
      unless a notice of claim shall have been served on a  director  of  such
      corporation,  or  an  officer  or  employee  thereof  designated  by the
      corporation for such  purpose,  within  the  time  limited  by,  and  in
      compliance  with  the  requirements  of  section  fifty-e of the general
      municipal law. An action against a municipal assistance 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. The venue of every  action,  suit  or  special  proceeding  brought
      against a corporation shall be laid in the county in which the principal
      office of such corporation is located.
        3.  a. The state shall save harmless and indemnify directors, officers
      and employees of and representatives to a corporation, 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, employee or representative occurring in the discharge
      of  his  duties  and  within  the scope of his service on behalf of such
      corporation, 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 of  a  corporation  (or  those  of  any  other  public
      corporation  if  such  loss  allegedly  resulted from its dealing with a
      municipal assistance corporation). In  the  event  of  any  such  claim,
      demand,  suit  or  judgment,  a  director,  officer  or  employee  of or
      representative to a municipal  assistance  corporation  shall  be  saved
      harmless  and  indemnified,  notwithstanding  the limitations 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 reasonably believed to be in the best interest of such
      corporation or not to have had reasonable  cause  to  believe  that  his
      conduct was lawful.
        b.  In  connection with any such claim, demand, suit, or judgment, any
      director, officer or employee of or representative  to  the  corporation
      shall  be entitled to representation by private counsel of his choice in
      any civil judicial proceeding whenever the attorney  general  determines
      based  upon  his 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  representation,
      that  appropriate  groups of such individuals be represented by the same
      counsel. If the individual  or  group  of  individuals  is  entitled  to
      representation  by private counsel under the provisions of this section,
      the attorney general shall so certify  to  the  comptroller.  Reasonable
      attorney's  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  chairman  of the board of directors of the corporation
      upon the audit and warrant of the 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
      corporation  by  section seventeen of the public officers law, by action
      of  the  corporation,  or  otherwise. The provisions of this subdivision
      shall  inure  only  to  directors,  officers  and   employees   of   and
      representatives  to  the  corporation, 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.