NY Pub Auth L § 1199-OOOO (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 8-G - Cayuga County Water and Sewer Authority 1199-OOOO - Actions Against the Authority.

§ 1199-oooo. 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  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;  (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 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 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 thereof  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.  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.   5.  The rate of interest to be paid by the authority upon any judgment for which it is liable, other than a judgment against the  authority  on 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 or  rates  set forth  in  such  bonds from the due date thereof until paid or otherwise satisfied.