Section 2675-P. Actions against authority  


Latest version.
  • 1.  Except  in an action for
      wrongful death, no action for 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 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, (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, and (d)  an  action  against
      the  authority  for wrongful death shall be commenced in accordance with
      the applicable 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 may require any person presenting for settlement an
      account or claim for any cause whatsoever against the  authority  to  be
      sworn  before  a member, counsel, or an attorney, officer or employee of
      the authority designated for such purpose, concerning  such  account  or
      claim  and,  when so sworn, to answer orally as to any facts relative to
      such account or claim. 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 performance 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 Albany county.
        5. The rate of interest to be paid by the authority upon any judgement
      for  which  it  is liable, other than a judgement 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 Albany county.