Section 2642-P. Action by or 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 (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. The venue of any such  action  or
      proceeding   shall   be  laid  in  the  supreme  court  of  any  of  the
      participating counties.
        5. The rate of interest to be paid by the authority upon any  judgment
      for  which  it  is  liable, shall be the rate prescribed by section five
      thousand four of the civil practice law and rules.
        6. All actions or proceedings against the authority of whatever nature
      shall be brought  in  a  supreme  court  in  any  of  the  participating
      counties.