NY Pub Auth L § 1147-S (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-D - Alfred, Almond, Hornellsville Sewer Authority 1147-S - Actions Against the Authority.

§  1147-s.  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 for personal injury or damage to real   or personal property alleged to have been sustained  by  reason  of  the   negligence  or  wrongful act of the authority or of any member, officer,   agent or employee thereof, unless (a) a notice of claim shall have  been   made  and  served  upon  the  authority  within the time limit by and in   compliance with section fifty-e of the general municipal law, or (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 (c) 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.  Wherever  a notice of claim is served upon the authority, it shall   have the right to demand an examination of the  claim  relative  to  the   occurrence  and  extent  of  the  injuries or damages for which claim is   made, in accordance with the provision of section fifty-h of the general   municipal law.3. The authority may require any person, presenting for settlement  an   account  or  claim  for  any cause whatever against the authority, to be   sworn before a member, counsel or an attorney, officer  or  employee  of   the  authority  designated  for  such purpose concerning such account or   claim and, when so sworn, to answer orally as to any facts  relative  to   such  account  or  claim.  The  authority  shall have power to settle or   adjust all claims in favor of or against the authority.4. 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.5.  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 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 in which the principal office   of the authority is located.