Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1021-M
Actions against the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-B
§ 1021-m. Actions against the authority. 1. Any action, suit or
proceeding to which the authority may be a party in which any question
arises as to the validity of this title or the valuation of stock or
assets acquired by the authority by the exercise of the power of eminent
domain shall be preferred over all other civil causes in all courts of
the state, except election matters, and shall be heard and determined in
preference to all other civil business pending therein, except election
matters, irrespective of position on the calendar. The same preference
shall be granted upon application of counsel to the authority in any
action or proceeding questioning the validity of this title or the
valuation of stock or assets acquired by the authority by the exercise
of the power of eminent domain in which such counsel may be allowed to
intervene. The venue of any such action or proceeding shall be laid in
the supreme court pursuant to article five of the civil practice law and
rules.

2. In the event any party shall appeal an award of compensation for
the taking by the authority of stock or assets, such party shall post a
bond in such amount, if any, as the supreme court shall deem appropriate
to adequately protect the interests of the other party under all the
circumstances.

3. An action against the authority founded on tort shall be commenced
in compliance with all the requirements of section fifty-e of the
general municipal law, except that an action against the authority for
wrongful death shall be commenced in accordance with the provisions of
title eleven of article nine of this chapter. 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.