§ 12 — Actions by and against the corporation

New York § 12

• Jurisdiction: New York
• Law FDC: Facilities Development Corporation Act 359/68

Text

§ 12. Actions by and against the corporation. 1. The state supreme\ncourt shall have exclusive jurisdiction of any action, suit or special\nproceeding brought by or against or involving the corporation. The venue\nof any action, suit or special proceeding brought against the\ncorporation shall be laid in the county of Albany.\n 2. In every action against the corporation for damages, for injuries\nto real or personal property, or for the destruction thereof, or for\npersonal injuries or death, the complaint shall contain an allegation\nthat at least thirty days have elapsed since the demand, claim or claims\nupon which such action is founded were presented to a director or\nofficer of the corporation and that the corporation has neglected or\nrefused to make an adjustment or payment thereof for thirty days after\nsuch presentment.\n 3. Except in an action for wrongful death, an action against the\ncorporation for damages for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries, alleged to have\nbeen sustained, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the corporation within the\ntime limit established by and in compliance with all requirements of\nsection fifty-e of the general municipal law. An action against the\ncorporation for wrongful death shall be commenced in accordance with the\nnotice of claim and time limitation provisions of title eleven of\narticle nine of the public authorities law.\n 4. All of the provisions of sections seventeen and nineteen of the\npublic officers law shall apply to the directors, officers and employees\nof the corporation.\n