NY Pub Auth L § 3616 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 5 - Clifton-Fine Health Care Corporation 3616 - Actions Against Corporation.

§  3616.  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, 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 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 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 St. Lawrence 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 St. Lawrence county.