§ 1232-N — Actions against authority

New York § 1232-N

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-D: Nassau County Sewer and Storm Water Finance Authority
• Art. 5: Public Utility Authorities

Text

§ 1232-n. Actions against 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 or\nagent thereof, unless:\n (a) a notice of claim shall have been made and served upon the\nauthority within the time limit prescribed by and in compliance with\nsection fifty-e of the general municipal law;\n (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused; and\n (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 claimant relative to the\noccurrence and extent of the injuries or damages for which a claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n 3. 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 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 state supreme court of the county.\n 4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against the authority on\nits bonds, shall be the rate prescribed by section five thousand four of\nthe civil practice law and rules. Interest on payments of principal or\ninterest on any bonds in default shall accrue at the rate or rates set\nforth in such bonds from the due date thereof until paid or otherwise\nsatisfied.\n