State Codes and Statutes

Statutes > New-york > Pba > Article-7 > Title-4 > 1475-q

§  1475-q.  Actions  against the authority. 1. Except in an action for  wrongful death, no action or special proceeding shall be  prosecuted  or  maintained against the authority, its members, officers or employees for  personal  injury  or damage to real or personal property alleged to have  been sustained by reason of the negligence, tort or wrongful act of  the  authority  or  of any member, officer, agent or employee thereof, unless  (a) notice of claim shall have been made and served upon  the  authority  within  the  time limit set by and in compliance with section fifty-e of  the general municipal law, (b) it shall appear by and as  an  allegation  in the complaint or moving papers that at least thirty days have elapsed  since  the service of such notice and that adjustment or payment thereof  has been neglected or refused, and  the  action  or  special  proceeding  shall  be  commenced within one year and ninety days after the happening  of the event upon which the  claim  is  based.  An  action  against  the  authority  for  wrongful death shall be commenced in accordance with the  notice of claim and  time  limitation  provisions  of  title  eleven  of  article nine of this chapter.    2.  Whenever  a notice of claim is served upon the authority, it shall  have the right to demand an examination of the claimant relative to  the  occurrence  and  extent  of  the  injuries or damages for which claim is  made, in accordance with  the  provisions  of  section  fifty-h  of  the  general municipal law.    3.  The  authority  shall have power to settle or adjust all claims in  favor of or against the authority.    4. Any action or proceeding to which the authority or  the  people  of  the  state  may  be  parties,  in  which  any  question arises as to the  validity of this title, shall be preferred over all other  civil  causes  of  action  or  cases, except election causes of action or cases, in all  courts of the state and shall be heard and determined in  preference  to  all  other  civil  business  pending  therein  except  election  causes,  irrespective of position on the calendar. The same preference  shall  be  granted  upon  application of the authority or its counsel in any action  or proceeding questioning the  validity  of  this  title  in  which  the  authority  may  be allowed to intervene. The venue of any such action or  proceeding shall be laid in the supreme court of the county of Onondaga.    5. The rate of interest to be paid by the authority upon any  judgment  for which it is liable, other than a judgment on its bonds, shall be the  rate  prescribed by section five thousand four of the civil practice law  and rules. Interest on payments of principal or interest on any bonds in  default shall accrue at the rate borne by such bonds from the  due  date  thereof until paid or otherwise satisfied.    6. All actions or proceedings against the authority of whatever nature  shall be brought in the supreme court of the county of Onondaga.

State Codes and Statutes

Statutes > New-york > Pba > Article-7 > Title-4 > 1475-q

§  1475-q.  Actions  against the authority. 1. Except in an action for  wrongful death, no action or special proceeding shall be  prosecuted  or  maintained against the authority, its members, officers or employees for  personal  injury  or damage to real or personal property alleged to have  been sustained by reason of the negligence, tort or wrongful act of  the  authority  or  of any member, officer, agent or employee thereof, unless  (a) notice of claim shall have been made and served upon  the  authority  within  the  time limit set by and in compliance with section fifty-e of  the general municipal law, (b) it shall appear by and as  an  allegation  in the complaint or moving papers that at least thirty days have elapsed  since  the service of such notice and that adjustment or payment thereof  has been neglected or refused, and  the  action  or  special  proceeding  shall  be  commenced within one year and ninety days after the happening  of the event upon which the  claim  is  based.  An  action  against  the  authority  for  wrongful death shall be commenced in accordance with the  notice of claim and  time  limitation  provisions  of  title  eleven  of  article nine of this chapter.    2.  Whenever  a notice of claim is served upon the authority, it shall  have the right to demand an examination of the claimant relative to  the  occurrence  and  extent  of  the  injuries or damages for which claim is  made, in accordance with  the  provisions  of  section  fifty-h  of  the  general municipal law.    3.  The  authority  shall have power to settle or adjust all claims in  favor of or against the authority.    4. Any action or proceeding to which the authority or  the  people  of  the  state  may  be  parties,  in  which  any  question arises as to the  validity of this title, shall be preferred over all other  civil  causes  of  action  or  cases, except election causes of action or cases, in all  courts of the state and shall be heard and determined in  preference  to  all  other  civil  business  pending  therein  except  election  causes,  irrespective of position on the calendar. The same preference  shall  be  granted  upon  application of the authority or its counsel in any action  or proceeding questioning the  validity  of  this  title  in  which  the  authority  may  be allowed to intervene. The venue of any such action or  proceeding shall be laid in the supreme court of the county of Onondaga.    5. The rate of interest to be paid by the authority upon any  judgment  for which it is liable, other than a judgment on its bonds, shall be the  rate  prescribed by section five thousand four of the civil practice law  and rules. Interest on payments of principal or interest on any bonds in  default shall accrue at the rate borne by such bonds from the  due  date  thereof until paid or otherwise satisfied.    6. All actions or proceedings against the authority of whatever nature  shall be brought in the supreme court of the county of Onondaga.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-7 > Title-4 > 1475-q

§  1475-q.  Actions  against the authority. 1. Except in an action for  wrongful death, no action or special proceeding shall be  prosecuted  or  maintained against the authority, its members, officers or employees for  personal  injury  or damage to real or personal property alleged to have  been sustained by reason of the negligence, tort or wrongful act of  the  authority  or  of any member, officer, agent or employee thereof, unless  (a) notice of claim shall have been made and served upon  the  authority  within  the  time limit set by and in compliance with section fifty-e of  the general municipal law, (b) it shall appear by and as  an  allegation  in the complaint or moving papers that at least thirty days have elapsed  since  the service of such notice and that adjustment or payment thereof  has been neglected or refused, and  the  action  or  special  proceeding  shall  be  commenced within one year and ninety days after the happening  of the event upon which the  claim  is  based.  An  action  against  the  authority  for  wrongful death shall be commenced in accordance with the  notice of claim and  time  limitation  provisions  of  title  eleven  of  article nine of this chapter.    2.  Whenever  a notice of claim is served upon the authority, it shall  have the right to demand an examination of the claimant relative to  the  occurrence  and  extent  of  the  injuries or damages for which claim is  made, in accordance with  the  provisions  of  section  fifty-h  of  the  general municipal law.    3.  The  authority  shall have power to settle or adjust all claims in  favor of or against the authority.    4. Any action or proceeding to which the authority or  the  people  of  the  state  may  be  parties,  in  which  any  question arises as to the  validity of this title, shall be preferred over all other  civil  causes  of  action  or  cases, except election causes of action or cases, in all  courts of the state and shall be heard and determined in  preference  to  all  other  civil  business  pending  therein  except  election  causes,  irrespective of position on the calendar. The same preference  shall  be  granted  upon  application of the authority or its counsel in any action  or proceeding questioning the  validity  of  this  title  in  which  the  authority  may  be allowed to intervene. The venue of any such action or  proceeding shall be laid in the supreme court of the county of Onondaga.    5. The rate of interest to be paid by the authority upon any  judgment  for which it is liable, other than a judgment on its bonds, shall be the  rate  prescribed by section five thousand four of the civil practice law  and rules. Interest on payments of principal or interest on any bonds in  default shall accrue at the rate borne by such bonds from the  due  date  thereof until paid or otherwise satisfied.    6. All actions or proceedings against the authority of whatever nature  shall be brought in the supreme court of the county of Onondaga.