§ 1193-A — Actions against the authority

§ 1193-a. Actions against the authority. 1. In every action or special\nproceeding against the authority founded upon tort for damages to real\nor personal property, or for the destruction thereof, or for personal\ninjuries or death, a notice of claim shall be required to be served upon\na member of the authority, its general manager or secretary as a\ncondition precedent to the commencement of an action or special\nproceeding against the authority or any officer, appointee or employee\nthereof, and the provisions of section fifty-e of the general municipal\nlaw shall govern the giving of such notice.\n 2. Wherever a notice of claim is filed against the authority\nexamination of said claimant may be had by the authority in accordance\nwith the provisions of section fifty-h of the general municipal law.\n 3. The authority shall be liable for, and shall assume the liability\nto the extent that it shall save harmless any duly appointed officer or\nemployee of the authority for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation under the jurisdiction and control of the authority, upon\nthe public streets, highways or railroads within the city, in the\ndischarge of a duty imposed upon such officer or employee at the time of\nthe accident, injury or damages complained of, while acting in the\nperformance of his duties and within the scope of his employment.\n 4. Except in an action for wrongful death, no action or special\nproceeding against the authority founded on tort shall be commenced\nlater than one year and ninety days after the happening of the event or\nevents upon which the claim is based; nor unless it shall appear by and\nas an allegation in the complaint that at least thirty days have elapsed\nsince the service of such notice of claim as required by subdivision one\nof this section and that the authority has neglected or refused to make\nan adjustment or payment of the claim for thirty days after the service\nof such notice. 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 5. The rate of interest to be paid by the authority, or by its\nofficers or employees whose liability has been assumed by the authority\npursuant to subdivision three of this section, upon any judgment or\naccrued claim against the authority or such officer or employee, shall\nbe the rate of interest provided for in section three-a of the general\nmunicipal law.\n 6. The venue of any action or proceeding against the authority of\nwhatever nature shall be laid in the county of Erie.\n