Section 1147-S. Actions against the 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,
      agent or employee thereof, unless (a) a notice of claim shall have  been
      made  and  served  upon  the  authority  within the time limit by and in
      compliance with section fifty-e of the general municipal law, or (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  claim  relative  to  the
      occurrence  and  extent  of  the  injuries or damages for which claim is
      made, in accordance with the provision of section fifty-h of the general
      municipal law.
        3. The authority may require any person, presenting for settlement  an
      account  or  claim  for  any cause whatever against the authority, to be
      sworn before a member, counsel or an attorney, officer  or  employee  of
      the  authority  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  authority  shall have power to settle or
      adjust all claims in favor of or against the authority.
        4. The rate of interest to be paid by the authority 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.
        5.  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 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 supreme court of the county in which the principal office
      of the authority is located.