NY Pub Auth L § 2041-N (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority 2041-N - Actions Against Authority.

§  2041-n.  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 (i) 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, (ii) 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 (iii) 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.  Except  that  actions  to   recover  damages for personal injury or injury to property caused by the   latent  effects  of  exposure  to  any  substance  or   combination   of   substances,  in  any  form,  upon  or  within the body or upon or within   property shall be governed by section  two  hundred  fourteen-c  of  the   civil practice law and rules.2.  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.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.  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 in which the   principal office of the authority is located.5.  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.