Section 2350-N. Actions against agency  


Latest version.
  • 1. No action or special proceeding
      shall be prosecuted or maintained against the agency 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 agency or of any member,
      officer, agent or employee thereof, unless (a) a notice of  claim  shall
      have  been  made  and  served  upon  the  agency  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 agency
      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 agency, 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 agency shall have power to settle or adjust all claims in favor
      of or against the agency.
        4.  Any  action or proceeding to which the agency 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 agency or its counsel in  any  action  or  proceeding
      questioning  the  validity  of  this  title  in  which the agency may be
      allowed to intervene. The venue of any such action or  proceeding  shall
      be laid in the supreme court of the county.
        5. The rate of interest to be paid by the agency upon any judgment for
      which  it  is  liable,  other than a judgment on its bonds, shall be the
      rate prescribed  by  section  three-a  of  the  general  municipal  law.
      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.
        6.  All  actions  or proceedings against the agency of whatever nature
      shall be brought in the supreme court of the county.