2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 10-B - Upper Mohawk Valley Memorial Auditorium Authority › 1949-C - Actions Against the Authority.

§ 1949-c. Actions against the authority.  1. Except for wrongful death
  actions,  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  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 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, the
  authority 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  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, 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.  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 on bonds or the authority,
  shall be the rate prescribed by section three-a of the general municipal
  law. 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.