Section 1232-N. Actions against authority  


Latest version.
  • 1.  Except  in an action for
      wrongful death, no action or special 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 member, officer or
      agent thereof, unless:
        (a)  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  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 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  a  claim  is
      made,  in  accordance  with  the  provisions  of  section fifty-h of the
      general municipal law. The authority  shall  have  power  to  settle  or
      adjust all claims in favor of or against the authority.
        3.  Any  action  or proceeding to which the authority 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 authority or its counsel in  any  action
      or  proceeding  questioning  the  validity  of  this  title in which the
      authority may be allowed to intervene. The venue of any such  action  or
      proceeding shall be laid in the state supreme court of the county.
        4.  The rate of interest to be paid by the authority upon any judgment
      for which it is liable, other than a judgment against the  authority  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 or  rates  set
      forth  in  such  bonds from the due date thereof until paid or otherwise
      satisfied.