§ 3641 — Actions against corporation

New York § 3641

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6: Erie County Medical Center Corporation
• Art. 10-C: New York Health Care Corporations

Text

§ 3641. Actions against corporation. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the corporation, 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\nof the corporation or of any member, officer, agent, or employee\nthereof, unless:\n (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;\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; and\n (d) an action against the corporation for wrongful death shall be\ncommenced in accordance with notice of claim and time limitation\nprovisions of title 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 director, counsel, attorney, officer, or employee of the\ncorporation 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.\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 five thousand four of the civil\npractice law and rules. Interest on payments of principal or interest on\nany bonds in default shall accrue at the rate borne by such bonds from\nthe due date thereof until paid or otherwise satisfied.\n 6. All actions or proceedings against the corporation of whatsoever\nnature shall be brought in the county.\n