§ 2717. Actions against the authority; court proceedings; preferences; venue. 1. In any case founded upon death, personal injury, property damage or tort a notice of claim shall be required as a condition precedent to the commencement of an action or special proceeding against the authority or any member, officer, appointee or employee thereof, and the provisions of § 50-e of the general municipal law shall govern the giving of such notice. No action or proceeding of any kind shall be commenced (i) prior to the expiration of thirty days from the date on which the demand, claim or claims upon which the action is founded were presented to a member of the authority or other officer thereof designated for such purpose nor (ii) more than one year and ninety days after the cause of action therefor shall have accrued, except that 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.

Terms Used In N.Y. Public Authorities Law 2717

  • Authority: shall mean the public benefit corporation created by section twenty-seven hundred three of this title, known as the development authority of the north country. See N.Y. Public Authorities Law 2702
  • 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.
  • State: shall mean the state of New York. See N.Y. Public Authorities Law 2702
  • 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. 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 in which the principal office of the authority is located.

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