Section 2590. 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, 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) 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 (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. 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.
        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.  The  venue for all actions or proceedings against the authority of
      whatever nature shall be laid in supreme court for the county of Monroe.