N.Y. Public Authorities Law 2350-N – Actions against agency
* § 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 § 50-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.
Terms Used In N.Y. Public Authorities Law 2350-N
- 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.
- Personal property: All property that is not real property.
- Venue: The geographical location in which a case is tried.
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 § 50-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 § 3-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.
* NB Repealed December 31, 2023