Section 2680-P. 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  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 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  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.  Wherever  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 provision 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 Chautauqua county.
        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 Chautauqua county.