senate Bill S2208

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2014 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Feb 03, 2014 advanced to third reading
Jan 28, 2014 2nd report cal.
Jan 27, 2014 1st report cal.64
Jan 08, 2014 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 11, 2013 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1104
Jan 14, 2013 referred to corporations, authorities and commissions

Votes

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Jan 27, 2014 - Corporations, Authorities and Commissions committee Vote

S2208
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Corporations, Authorities and Commissions Committee Vote: Jan 27, 2014

Jun 4, 2013 - Corporations, Authorities and Commissions committee Vote

S2208
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jun 4, 2013

S2208 - Bill Details

See Assembly Version of this Bill:
A7984
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §1067, 1089, 1109 & 1169, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4419
2009-2010: S3237

S2208 - Bill Texts

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

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BILL NUMBER:S2208

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

ffolk 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 § 1169 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 & Commissions Cmt 2009-10: Senate Corporations,
Authorities & Commissions Cmte. 2011-12: Senate Corporations,
Authorities & Commissions Cmte.

EFFECTIVE DATE: This act shall take effect one the one hundred
eightieth day.


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

                                  2208

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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, subdivision 1 as amended by chapter 500
of the laws of 2012, 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. Except in an action for wrongful death, an  action  against
the  authority for damages for injuries to real or personal property, or
for the destruction thereof, or for personal injuries, alleged  to  have
been  sustained,  shall  not  be commenced more than one year and ninety
days after the cause of action therefor shall have accrued.
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06241-01-3

S. 2208                             2

  (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 2. Section 1089 of the public authorities law, as amended by chapter
804 of the laws of 1990, subdivision 1 as amended by chapter 500 of  the
laws of 2012, 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. Except in an action for wrongful death, an  action  against
the  authority for damages for injuries to real or personal property, or
for the destruction thereof, or for personal injuries, alleged  to  have
been  sustained,  shall  not  be commenced more than one year and ninety
days after the cause of action therefor shall have accrued.
  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

S. 2208                             3

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  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, subdivision 1 as amended by chapter 500 of the
laws of 2012, 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.  Except in an action for wrongful death, an action against
the authority for damages for injuries to real or personal property,  or

S. 2208                             4

for  the  destruction thereof, or for personal injuries, alleged to have
been sustained, shall not be commenced more than  one  year  and  ninety
days after the cause of action therefor shall have accrued.
  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
  (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 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 4. Section 1169 of the public authorities law, as amended by chapter
804  of the laws of 1990, subdivision 1 as amended by chapter 500 of the
laws of 2012, is amended to read as follows:

S. 2208                             5

  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. Except in an action for wrongful death, an  action  against
the  authority for damages for injuries to real or personal property, or
for the destruction thereof, or for personal injuries, alleged  to  have
been  sustained,  shall  not  be commenced more than one year and ninety
days after the cause of action therefor shall have accrued.
  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
  (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

S. 2208                             6

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 on the same date and in the same
manner as chapter 500 of the laws of 2012, as amended.

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