2023 New York Laws › PBA - Public Authorities › Article 10-C - New York Health Care Corporations › Title 1 - Westchester County Health Care Corporation › 3316 - Actions Against Corporation.

§  3316.  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, (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  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 may require any person presenting for settlement an
  account  or claim for any cause whatsoever against the corporation to be
  sworn before a director, counsel or an attorney, officer or employee  of
  the  corporation 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 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 the 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 the county.