Section 2767. 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
      (i) 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, (ii) 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, (iii) 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 (iv) 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 may require any person presenting for settlement an
      account or claim for any cause whatever  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 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 the 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.