N.Y. Public Authorities Law 1193-A – Actions against the authority
§ 1193-a. Actions against the authority. 1. In every action or special proceeding against the authority founded upon tort for damages to real or personal property, or for the destruction thereof, or for personal injuries or death, a notice of claim shall be required to be served upon a member of the authority, its general manager or secretary as a condition precedent to the commencement of an action or special proceeding against the authority or any officer, appointee or employee thereof, and the provisions of § 50-e of the general municipal law shall govern the giving of such notice.
Terms Used In N.Y. Public Authorities Law 1193-A
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Venue: The geographical location in which a case is tried.
2. Wherever a notice of claim is filed against the authority examination of said claimant may be had by the authority in accordance with the provisions of § 50-h of the general municipal law.
3. The authority shall be liable for, and shall assume the liability to the extent that it shall save harmless any duly appointed officer or employee of the authority for the negligence of such officer or employee, in the operation of a vehicle or other facility of transportation under the jurisdiction and control of the authority, upon the public streets, highways or railroads within the city, in the discharge of a duty imposed upon such officer or employee at the time of the accident, injury or damages complained of, while acting in the performance of his duties and within the scope of his employment.
4. Except in an action for wrongful death, no action or special proceeding against the authority founded on tort shall be commenced later than one year and ninety days after the happening of the event or events upon which the claim is based; nor unless it shall appear by and as an allegation in the complaint that at least thirty days have elapsed since the service of such notice of claim as required by subdivision one of this section and that the authority has neglected or refused to make an adjustment or payment of the claim for thirty days after the service of such notice. 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.
5. The rate of interest to be paid by the authority, or by its officers or employees whose liability has been assumed by the authority pursuant to subdivision three of this section, upon any judgment or accrued claim against the authority or such officer or employee, shall be the rate of interest provided for in § 3-a of the general municipal law.
6. The venue of any action or proceeding against the authority of whatever nature shall be laid in the county of Erie.