New York Laws
Title 10-B - Niagara Falls Public Water Authority
1230-T - Actions Against the Water Board and Authority.

§ 1230-t. Actions against the water board and authority. 1. Except in
an action for wrongful death, no action or special proceeding shall be
prosecuted or maintained against either the water board or the authority
or their members, officers or employees for personal injury or damage to
real or personal property alleged to have been sustained by reason of
the negligence, tort or wrongful act of either the water board or 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 water
board or the authority, as the case may be, within the time limit
prescribed 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 board
or 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 water board or the
authority, the water board or the authority, as the case may be, 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 water board or the authority, as the case may be, may require
any person presenting for settlement an account or claim for any cause
whatever against the water board or the authority, to be sworn before a
member, counsel, officer or employee of the water board or 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 water board or the authority, as the case may be, shall have
power to settle or adjust all claims in favor of or against the water
board or the authority, as the case may be.

4. Any action or proceeding to which the authority, water board 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 water board or the authority
upon any judgment for which it is liable, other than a judgment on bonds
of the authority, 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.