New York Laws
Title 28-AA - Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority
2642-P - Action by or Against the Authority.

§ 2642-p. Action by or against the authority. 1. Except in an action
for wrongful death, no action or special proceeding shall be prosecuted
or maintained against the authority, its 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
the authority or of any member, officer, agent or employee thereof,
unless (a) notice of claim shall have been made and served upon the
authority within the time limit set 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. Whenever 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 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 any of the
participating counties.

5. The rate of interest to be paid by the authority upon any judgment
for which it is liable, shall be the rate prescribed by section five
thousand four of the civil practice law and rules.

6. All actions or proceedings against the authority of whatever nature
shall be brought in a supreme court in any of the participating
counties.