Section 1193-A. Actions against the authority  


Latest version.
  • 1. In every action or special
      proceeding  against  the authority founded upon tort for damages to real
      or personal property, or for the destruction thereof,  or  for  personal
      injuries or death, a notice of claim shall be required to be served upon
      a  member  of  the  authority,  its  general  manager  or secretary as a
      condition  precedent  to  the  commencement  of  an  action  or  special
      proceeding  against  the authority or any officer, appointee or employee
      thereof, and the provisions of section fifty-e of the general  municipal
      law shall govern the giving of such notice.
        2.  Wherever  a  notice  of  claim  is  filed  against  the  authority
      examination of said claimant may be had by the authority  in  accordance
      with the provisions of section fifty-h of the general municipal law.
        3.  The  authority shall be liable for, and shall assume the liability
      to the extent that it shall save harmless any duly appointed officer  or
      employee  of  the  authority  for  the  negligence  of  such  officer or
      employee,  in  the  operation  of  a  vehicle  or  other   facility   of
      transportation under the jurisdiction and control of the authority, upon
      the  public  streets,  highways  or  railroads  within  the city, in the
      discharge of a duty imposed upon such officer or employee at the time of
      the accident, injury or damages  complained  of,  while  acting  in  the
      performance of his duties and within the scope of his employment.
        4.  Except  in  an  action  for  wrongful  death, no action or special
      proceeding against the authority founded  on  tort  shall  be  commenced
      later  than one year and ninety days after the happening of the event or
      events upon which the claim is based; nor unless it shall appear by  and
      as an allegation in the complaint that at least thirty days have elapsed
      since the service of such notice of claim as required by subdivision one
      of  this section and that the authority has neglected or refused to make
      an adjustment or payment of the claim for thirty days after the  service
      of such notice. 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.
        5. The rate of interest to  be  paid  by  the  authority,  or  by  its
      officers  or employees whose liability has been assumed by the authority
      pursuant to subdivision three of this  section,  upon  any  judgment  or
      accrued  claim  against the authority or such officer or employee, shall
      be the rate of interest provided for in section three-a of  the  general
      municipal law.
        6.  The  venue  of  any  action or proceeding against the authority of
      whatever nature shall be laid in the county of Erie.