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

§ 1199-oooo. 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  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 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 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.