Section 1569-Q. 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, 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
      authority  or  of any member, officer, agent or employee thereof, unless
      (a) notice of claim shall have been made and served upon  the  authority
      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  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.  Whenever  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 claim is
      made, in accordance with  the  provisions  of  section  fifty-h  of  the
      general municipal law.
        3.  The  authority  shall have power to settle or adjust all claims in
      favor of or against the authority.
        4. 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  supreme  court  of  the  county  of
      Rensselaer.
        5.  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.
        6. All actions or proceedings against the authority of whatever nature
      shall be brought in the supreme court of the county of Rensselaer.