NY Pub Auth L § 3316 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 1 - Westchester County Health Care Corporation 3316 - Actions Against Corporation.

§  3316.  Actions  against  corporation.  1.  Except  in an action for   wrongful death, no action or special proceeding shall be  prosecuted  or   maintained  against  the corporation, 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  corporation  or  of any member, officer, agent or employee thereof,   unless (a) notice of claim shall have been  made  and  served  upon  the   corporation  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  corporation  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 corporation, 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 corporation may require any person presenting for settlement an   account  or claim for any cause whatsoever against the corporation to be   sworn before a director, counsel or an attorney, officer or employee  of   the  corporation 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 corporation shall have power to settle or   adjust all claims in favor of or against the corporation.4. Any action or proceeding to which the corporation 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 performance shall  be   granted upon application of the corporation or its counsel in any action   or  proceeding  questioning  the  validity  of  this  title in which the   corporation 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  corporation  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  corporation  of  whatever   nature shall be brought in the county.