New York Laws
Title 6 - Erie County Medical Center Corporation
3641 - Actions Against Corporation.

(a) notice of claim shall have been made and served upon the
corporation 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; and
(d) an action against the corporation for wrongful death shall be
commenced in accordance with 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 corporation, 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 corporation may require any person presenting for settlement an
account or claim for any cause whatsoever against the corporation to be
sworn before a director, counsel, attorney, officer, or employee of the
corporation 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 corporation shall have power to settle or
adjust all claims in favor of or against the corporation.
4. Any action or proceeding to which the corporation 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 corporation or its counsel in any action
or proceeding questioning the validity of this title in which the
corporation 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 corporation 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.
6. All actions or proceedings against the corporation of whatsoever
nature shall be brought in the county.