§ 1949-C — Actions against the authority

New York § 1949-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-B: Upper Mohawk Valley Memorial Auditorium Authority
• Art. 8: Miscellaneous Authorities

Text

§ 1949-c. Actions against the authority. 1. Except for wrongful death\nactions, 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 prescribed by\nand in compliance with section fifty-e of the general municipal law, (b)\nit 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 (c) the action or special proceeding shall be commenced\nwithin one year and ninety days after the happening of the event upon\nwhich the claim is based. An action against the authority for wrongful\ndeath shall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n 2. Wherever a notice of claim is served upon the authority, the\nauthority shall have the right to demand an examination of the claim\nrelative to the occurrence and extent of the injuries or damages for\nwhich claim is made, in accordance with the provisions of section\nfifty-h of the general municipal 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, officer or employee of 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 authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n 4. 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 supreme court of the county.\n 5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on bonds or the authority,\nshall be the rate prescribed by section three-a of the general municipal\nlaw. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate or rates set forth in such bonds from\nthe due date thereof until paid or otherwise satisfied.\n