§ 1230-T — Actions against the water board and authority

New York § 1230-T

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-B: Niagara Falls Public Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1230-t. Actions against the water board and authority. 1. Except in\nan action for wrongful death, no action or special proceeding shall be\nprosecuted or maintained against either the water board or the authority\nor their members, officers or employees for personal injury or damage to\nreal or personal property alleged to have been sustained by reason of\nthe negligence, tort or wrongful act of either the water board or the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) a notice of claim shall have been made and served upon the water\nboard or the authority, as the case may be, within the time limit\nprescribed by and in compliance with section fifty-e of the general\nmunicipal law, (b) it shall appear by and as an allegation in the\ncomplaint or moving papers that at least thirty days have elapsed since\nthe service of such notice and that adjustment or payment thereof has\nbeen neglected or refused, and (c) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based. An action against the board\nor authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n 2. Wherever a notice of claim is served upon the water board or the\nauthority, the water board or the authority, as the case may be, shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n 3. The water board or the authority, as the case may be, may require\nany person presenting for settlement an account or claim for any cause\nwhatever against the water board or the authority, to be sworn before a\nmember, counsel, officer or employee of the water board or the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The water board or the authority, as the case may be, shall have\npower to settle or adjust all claims in favor of or against the water\nboard or the authority, as the case may be.\n 4. Any action or proceeding to which the authority, water board or the\npeople of the state may be parties, in which any question arises as to\nthe validity of this title, shall be preferred over all other civil\ncauses of action or cases, except election causes of action or cases, in\nall courts of the state and shall be heard and determined in preference\nto all other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n 5. The rate of interest to be paid by the water board or the authority\nupon any judgment for which it is liable, other than a judgment on bonds\nof the authority, shall be the rate prescribed by section five thousand\nfour of the civil practice law and rules. Interest on payments of\nprincipal or interest on any bonds in default shall accrue at the rate\nor rates set forth in such bonds from the due date thereof until paid or\notherwise satisfied.\n