§ 2799-RRR — Actions against authority

§ 2799-rrr. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained 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) 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, (c) the action or special\nproceeding shall be commenced within one year and ninety days after the\nhappening of the event upon which the claim is based, and (d) an action\nagainst 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. No action or special proceeding, for any cause whatever, except as\nhereinafter provided, relating to airport property, facilities or\noperations or involving the rights or interests of the airport or the\nairport authority shall be prosecuted or maintained against the airport\nauthority unless it shall appear by and as an allegation in the\ncomplaint or necessary moving papers that a written verified claim upon\nwhich action or special proceeding is founded was served on the airport\nauthority, in the same manner as a summons under the CPLR, within three\n(3) months after the accrual of such claim. The provisions of this\nsection shall not apply to an action or special proceeding founded upon\ntort which shall be governed by the provisions of section fifty-e of the\ngeneral municipal law, or to the extent disallowed under federal law,\nregulations, or by agreement with the federal government.\n 3. 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 4. 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 or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n 5. 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 Onondaga county.\n 6. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n