2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-G* - Livingston County Water and Sewer Authority › 1199-NNNN*2 - Actions Against the Authority.

* §  1199-nnnn.  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 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 prescribed 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 for wrongful death against the authority 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 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
thereof 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. 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 the county.
5. The rate of interest to be paid by the authority upon any  judgment
for  which  it is liable, other than a judgment against the authority on
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 or rates set
forth in such bonds from the due date thereof until  paid  or  otherwise
satisfied.
* NB There are 2 § 1199-nnnn's