NY State Senate Bill 2009-S3237

Senate Bill S3237

2009-2010 Legislative Session

Relates to tort claims against water authorities of Erie, Suffolk, Monroe and Onondaga counties

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to corporations, authorities and commissions
Mar 13, 2009	referred to corporations, authorities and commissions

co-Sponsors

View additional co-sponsors

2009-S3237 (ACTIVE) - Details

See Assembly Version of this Bill:: A4762
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1067, 1089, 1109, 1169, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4419, A3195
2013-2014: S2208
2015-2016: S2695

2009-S3237 (ACTIVE) - Summary

Relates to tort claims against water authorities of Erie, Suffolk, Monroe and Onondaga counties.

2009-S3237 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3237

 TITLE OF BILL :

An act to amend the public authorities law, in relation to tort claims
against certain water authorities


 PURPOSE OR GENERAL IDEA OF BILL :

This bill amends the Public Authorities Law by amending §§ 1067, 1089,
1109, and 1169 to update and clarify provisions regarding tort actions
against the Erie, Suffolk, Monroe and Onondaga County water
authorities.

 SUMMARY OF PROVISIONS :

Section one of the bill amends § 1067 of the Public Authorities Law
(PAL) concerning the Erie County Water Authority providing for
conforming language with regard to notices of claim, statute of
limitations, venue, primacy of claims and interest on judgments.
Section two makes the same amendments to PAL § 1089 concerning the
Suffolk County Water Authority. Section three makes the same
amendments to PAL § 1109 concerning the Monroe County Water Authority.
Section four makes the same amendments to PAL § 1089 concerning the
Onondaga County Water Authority. Section five contains the enacting

clause.

 JUSTIFICATION :

The bill addresses inconsistencies in the language of the enabling
statutes of the many water authorities across the state regarding tort
actions against water authorities. The Erie, Suffolk, Monroe and
Onondaga County water authorities were the first water authorities
created in New York State.  Subsequent to their creation, the
statutory language of other water authorities concerning tort actions
against water authorities included language addressing statutes of
limitations, examination of claimants pursuant to General Municipal
Law §50-h, settlement, preferences, venue, and rate of interest on
judgments. This bill conforms the tort actions language of the older
water authorities to that of the newer water authorities, ensuring
uniformity throughout the state.

 FISCAL IMPLICATIONS :

None.

 PRIOR LEGISLATIVE HISTORY :

2004: Passed Senate/Assembly Judiciary Cmte.
2005-06: Passed Senate/Assembly Judiciary Cmte.
2007: Passed Senate/Died in Assembly
2008: Passed Senate/Assembly Corporations, Authorities and Commissions
Cmte.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3237 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3237

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, ALESI, DeFRANCISCO, O. JOHNSON, MAZIARZ,
  VOLKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee on Corporations, Authorities and Commis-
  sions

AN ACT to amend the public authorities law, in relation to  tort  claims
  against certain water authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1067 of the public authorities law, as  amended  by
chapter 804 of the laws of 1990, is amended to read as follows:
  S  1067.  Actions AGAINST THE AUTHORITY.  1. [In any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any officer, appointee, agent or employee thereof, and the provisions of
section fifty-e of the general municipal law shall govern the giving  of
such notice.
  2.  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] 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 AUTHOR-
ITY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06518-01-9

S. 3237                             2

  (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 GENER-
AL 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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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 POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR  PROCEEDING  QUES-
TIONING 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.
  S 2. Section 1089 of the public authorities law, as amended by chapter
804 of the laws of 1990, is amended to read as follows:
  S  1089.  Actions AGAINST THE AUTHORITY.  1. [In any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any officer, appointee  or  employee  thereof,  and  the  provisions  of
section  fifty-e of the general municipal law shall govern the giving of
such notice.
  2. 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] 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 AUTHOR-
ITY  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

S. 3237                             3

NOTICE  AND  THAT  ADJUSTMENT  OF  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 GENER-
AL 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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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  POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION  OF  THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
TIONING 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.
  S 3. Section 1109 of the public authorities law, as amended by chapter
804 of the laws of 1990, is amended to read as follows:
  S 1109. Actions AGAINST THE AUTHORITY.  1. [In any case  founded  upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any  officer,  appointee  or  employee  thereof,  and  the provisions of
section fifty-e of the general municipal law shall govern the giving  of
such notice.
  2.  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] 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 AUTHOR-
ITY WITHIN THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION  FIFTY-E  OF
THE GENERAL MUNICIPAL LAW;

S. 3237                             4

  (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 GENER-
AL 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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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 CAUTION OR
CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL COURTS  OF  THE
STATE  AND SHALL BE HEARD AND DETERMINE IN PREFERENCE TO ALL OTHER CIVIL
BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRESPECTIVE  OF  POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION  OF  THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
TIONING 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.
  S 4. Section 1169 of the public authorities law, as amended by chapter
804 of the laws of 1990, is amended to read as follows:
  S 1169. Actions AGAINST THE AUTHORITY.  1. [In any case  founded  upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any  officer,  appointee  or  employee  thereof,  and  the provisions of
section fifty-e of the general municipal law shall govern the giving  of
such notice.
  2.  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] 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:

S. 3237                             5

  (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
ITY 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 GENER-
AL 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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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  POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION  OF  THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
TIONING 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.
  S 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3237

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

co-Sponsors

James S. Alesi

John A. DeFrancisco

Owen H. Johnson

George D. Maziarz

2009-S3237 (ACTIVE) - Details

2009-S3237 (ACTIVE) - Summary

2009-S3237 (ACTIVE) - Sponsor Memo

2009-S3237 (ACTIVE) - Bill Text download pdf

Comments