NY Pub Auth L § 1226-S (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10 - Upper Mohawk Valley Regional Water Finance Authority 1226-S - Actions Against Water Board and Authority.

§  1226-s.  Actions against water board and authority. 1. Except in an   action for wrongful death, no action  or  special  proceeding  shall  be   prosecuted or maintained against either the water board or the authority   or their 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 either the water  board  or  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  water   board  or  the  authority,  as  the  case  may be, within the time limit   prescribed 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  board   or  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 water board or the   authority, the water board or the authority, as the case may  be,  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  provisions  of  section fifty-h of the   general municipal law.3. The water board or the authority, as the case may be,  may  require   any  person  presenting for settlement an account or claim for any cause   whatever against the water board or the authority, to be sworn before  a   member, counsel, officer or employee of the water board or 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 water board or the authority, as the case may be, shall have   power to settle or adjust all claims in favor of or  against  the  water   board or the authority, as the case may be.4. Any action or proceeding to which the authority, water board 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 water board or the authority   upon any judgment for which it is liable, other than a judgment on bonds   of  the authority, 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.