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This entry was published on 2014-09-22
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Actions against authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-B
§ 2670. Actions against authority. 1. Except in an action for wrongful
death, no action or special proceeding shall be prosecuted or maintained
against the authority, its members, officers or employees for personal
injury or damage to real or personal property alleged to have been
sustained by reason of the negligence, tort or wrongful act of the
authority or of any member, officer, agent or employee thereof, unless
(a) notice of claim shall have been made and served upon the authority
within the time limit set 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, (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, and (d) 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. Whenever 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
general municipal law.

3. The authority may require any person presenting for settlement an
account or claim for any cause whatsoever against the authority to be
sworn before a member, counsel or an attorney, 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 performance 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 its 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 borne by such bonds from the due date
thereof until paid or otherwise satisfied.

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