New York Laws
Title 6-D - Alfred, Almond, Hornellsville Sewer Authority
1147-S - Actions Against the Authority.

§ 1147-s. 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 of 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, or (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 claim relative to the
occurrence and extent of the injuries or damages for which claim is
made, in accordance with the provision 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 of
the authority 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. The rate of interest to be paid by the authority upon any judgment
for which it is liable, other than a judgment on its 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 borne by such bonds from the due date
thereof until paid or otherwise satisfied.

5. 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 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.