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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 34
§ 2799-rrr. 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) 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. No action or special proceeding, for any cause whatever, except as
hereinafter provided, relating to airport property, facilities or
operations or involving the rights or interests of the airport or the
airport authority shall be prosecuted or maintained against the airport
authority unless it shall appear by and as an allegation in the
complaint or necessary moving papers that a written verified claim upon
which action or special proceeding is founded was served on the airport
authority, in the same manner as a summons under the CPLR, within three
(3) months after the accrual of such claim. The provisions of this
section shall not apply to an action or special proceeding founded upon
tort which shall be governed by the provisions of section fifty-e of the
general municipal law, or to the extent disallowed under federal law,
regulations, or by agreement with the federal government.

3. 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.

4. 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 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.

5. 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 preference 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 Onondaga county.

6. 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.