1199-OOOO - Actions against the authority.

§ 1199-oooo. 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 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  authority  or  any  member,  officer,  agent or employee thereof, unless:    (a)  a  notice  of  claim  shall  have  been  made and served upon the  authority within the time  limit  by  and  in  compliance  with  section  fifty-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 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. Wherever 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 may require any person presenting for  settlement  an  account  or  claim  for  any  cause whatever against the authority to be  sworn before a member, counsel, or  an  attorney,  officer  or  employee  thereof  designated  for  such purpose, concerning such account or claim  and when so sworn, to answer orally as to any  facts  relative  to  such  account or claim. 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.    5.  The rate of interest to be paid by the authority upon any judgment  for which it is liable, other than a judgment against the  authority  on  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 or  rates  set  forth  in  such  bonds from the due date thereof until paid or otherwise  satisfied.