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This entry was published on 2014-09-22
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Actions against agency
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 16
§ 2350-n. Actions against agency. 1. No action or special proceeding
shall be prosecuted or maintained against the agency 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 agency or of any member,
officer, agent or employee thereof, unless (a) a notice of claim shall
have been made and served upon the agency 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 agency
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 agency, 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 agency shall have power to settle or adjust all claims in favor
of or against the agency.

4. Any action or proceeding to which the agency 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 agency or its counsel in any action or proceeding
questioning the validity of this title in which the agency 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 agency upon any judgment for
which it is liable, other than a judgment on its bonds, 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.

6. All actions or proceedings against the agency of whatever nature
shall be brought in the supreme court of the county.