2023 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.