2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 6-D - Alfred, Almond, Hornellsville Sewer Authority › 1147-S - Actions Against the Authority.

§  1147-s.  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.
2.  Wherever  a notice of claim is served upon the authority, it 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 provision 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 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.
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.