§ 1147-S — Actions against the authority

New York § 1147-S

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-D: Alfred, Almond, Hornellsville Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1147-s. Actions against the authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, or (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n 2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claim relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provision of section fifty-h of the general\nmunicipal law.\n 3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n 4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n 5. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall civil business pending therein, except election causes, irrespective\nof position on the calendar. The same preference shall be granted upon\napplication of the authority or its counsel in any action or proceeding\nquestioning the validity of this title in which the authority may be\nallowed to intervene. The venue of any such action or proceeding shall\nbe laid in the supreme court of the county in which the principal office\nof the authority is located.\n