NY Pub Auth L § 2799-RRR (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 34 - Syracuse Regional Airport Authority 2799-RRR - Actions Against Authority.

§  2799-rrr.  Actions  against  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) 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, (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, and (d) 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.  No action or special proceeding, for any cause whatever, except as   hereinafter  provided,  relating  to  airport  property,  facilities  or   operations  or  involving  the rights or interests of the airport or the   airport authority shall be prosecuted or maintained against the  airport   authority  unless  it  shall  appear  by  and  as  an  allegation in the   complaint or necessary moving papers that a written verified claim  upon   which  action or special proceeding is founded was served on the airport   authority, in the same manner as a summons under the CPLR, within  three   (3)  months  after  the  accrual  of  such claim. The provisions of this   section shall not apply to an action or special proceeding founded  upon   tort which shall be governed by the provisions of section fifty-e of the   general  municipal  law,  or to the extent disallowed under federal law,   regulations, or by agreement with the federal government.3. 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.4. 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.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  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 Onondaga county.6. 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.