NY Pub Auth L § 2053-Q (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-M - Rockland County Solid Waste Management Authority 2053-Q - Actions Against the Authority.

§  2053-q.  Actions  against the authority. 1. Except in an action for   wrongful death, no action or special proceeding shall be  prosecuted  or   maintained  against  the authority for personal injury or damage to real   or personal property alleged to have been sustained  by  reason  of  the   negligence  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 by and in   compliance with section fifty-e of the general municipal law, or (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 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. 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. Wherever 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. 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  three-a  of  the  general  municipal law.   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.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 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.