§ 3567 — Actions against the corporation

§ 3567. Actions against the corporation. 1. Except in an action for\nwrongful death, an action or proceeding under article fourteen of the\ncivil service law or section thirty-five hundred fifty-six of this\ntitle, no action or special proceeding shall be prosecuted or maintained\nagainst the corporation, its members, officers or employees for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence, tort or wrongful act of the\ncorporation or of any member, officer, agent or employee thereof,\nunless: (a) notice of claim shall have been made and served upon the\ncorporation 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 corporation 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 corporation, 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 corporation may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the corporation to be\nsworn before a trustee, counsel or an attorney, officer or employee of\nthe corporation 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 corporation shall have power to settle or\nadjust all claims in favor of or against the corporation.\n 4. Any action or proceeding to which the corporation 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 corporation or its counsel in any action\nor proceeding questioning the validity of this title in which the\ncorporation may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the County of Erie.\n 5. The rate of interest to be paid by the corporation upon any\njudgment for which it is liable, other than a judgment on its bonds,\nshall be the rate prescribed by section one of chapter five hundred\neighty-five of the laws of nineteen hundred thirty-nine, as amended.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n 6. All actions or proceedings against the corporation for breach of\ncontract, express or implied, or for the torts of its directors,\nofficers or employees while acting as such directors, officers or\nemployees, except for any action brought by a trustee pursuant to\nsection thirty-five hundred sixty-one of this title, shall be brought in\nthe court of claims.\n