§ 2642-P — Action by or against the authority

New York § 2642-P

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 28-AA: Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2642-p. Action by or against the authority. 1. Except in an action\nfor wrongful death, no action or special proceeding shall be prosecuted\nor maintained against the authority, its members, officers or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort or wrongful act of\nthe authority or of any member, officer, agent or employee thereof,\nunless (a) notice of claim shall have been made and served upon the\nauthority within the time limit set by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based. An\naction against the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n 2. Whenever 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 claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n 3. 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 any of the\nparticipating counties.\n 5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, shall be the rate prescribed by section five\nthousand four of the civil practice law and rules.\n 6. All actions or proceedings against the authority of whatever nature\nshall be brought in a supreme court in any of the participating\ncounties.\n