New York Laws
Title 10-B - Upper Mohawk Valley Memorial Auditorium Authority
1949-C - Actions Against the Authority.

§ 1949-c. Actions against the authority. 1. Except for wrongful death
actions, 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 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 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, the
authority 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 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, 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. 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 on bonds or the authority,
shall be the rate prescribed by section three-a of the general municipal
law. 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.