2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 34 - Syracuse Regional Airport Authority › 2799-RRR - Actions Against Authority.

§  2799-rrr.  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 (a) a notice of claim shall have been made and  served  upon  the
  authority  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  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.  No action or special proceeding, for any cause whatever, except as
  hereinafter  provided,  relating  to  airport  property,  facilities  or
  operations  or  involving  the rights or interests of the airport or the
  airport authority shall be prosecuted or maintained against the  airport
  authority  unless  it  shall  appear  by  and  as  an  allegation in the
  complaint or necessary moving papers that a written verified claim  upon
  which  action or special proceeding is founded was served on the airport
  authority, in the same manner as a summons under the CPLR, within  three
  (3)  months  after  the  accrual  of  such claim. The provisions of this
  section shall not apply to an action or special proceeding founded  upon
  tort which shall be governed by the provisions of section fifty-e of the
  general  municipal  law,  or to the extent disallowed under federal law,
  regulations, or by agreement with the federal government.
3. 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.
4. 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.
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  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 Onondaga county.
6. 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.