1570-P - Actions against the authority.

§  1570-p.  Actions  against the 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 claims 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,  and  (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 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.  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  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 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  the  county  of  Westchester.    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 the county of Westchester.