N.Y. Public Authorities Law 587 – Actions against the authority
§ 587. Actions against the authority. 1. In a case founded upon 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 officer, appointee, agent 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 587
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
2. Except in an action for wrongful death, no action or special proceeding shall be commenced more than one year and ninety days after the cause of action therefor shall have accrued, nor until at least thirty days have elapsed since the notice of claim referred to in the preceding subdivision was so served upon the authority, and the complaint or petition in any such action or special proceeding shall contain an affirmative allegation to that effect and must also allege that the authority has neglected or refused to make an adjustment or payment of such claim or otherwise satisfy the same for thirty days after such service. 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.
3. All actions by or against the authority of whatsoever nature shall be brought in the county or where it has facilities involved in the action.