NY State Assembly Bill 2013-A7984

Assembly Bill A7984

2013-2014 Legislative Session

Relates to tort claims against water authorities of Erie, Suffolk, Monroe and Onondaga counties

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to corporations, authorities and commissions
Jun 13, 2013	referred to corporations, authorities and commissions

co-Sponsors

multi-Sponsors

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2013-A7984 (ACTIVE) - Details

See Senate Version of this Bill:: S2208
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1067, 1089, 1109 & 1169, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3237
2011-2012: S4419
2015-2016: S2695

2013-A7984 (ACTIVE) - Summary

Relates to tort claims against water authorities of Erie, Suffolk, Monroe and Onondaga counties.

2013-A7984 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7984

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2013
                               ___________

Introduced  by  M. of A. MORELLE, ROBERTS -- Multi-Sponsored by -- M. of
  A. COOK, RIVERA, RUSSELL, SWEENEY, THIELE -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to  tort  claims
  against certain water authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1067 of the public authorities law, as  amended  by
chapter 804 of the laws of 1990, subdivision 1 as amended by chapter 500
of the laws of 2012, is amended to read as follows:
  S  1067.  Actions AGAINST THE AUTHORITY. 1.  [In any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any officer, appointee, agent or employee thereof, and the provisions of
section fifty-e of the general municipal law shall govern the giving  of
such  notice.  Except in an action for wrongful death, an action against
the authority for damages for injuries to real or personal property,  or
for  the  destruction thereof, or for personal injuries, alleged to have
been sustained, shall not be commenced more than  one  year  and  ninety
days after the cause of action therefor shall have accrued.
  2.  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] 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 ANY MEMBER,
OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
  (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
ITY WITHIN THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION  FIFTY-E  OF
THE GENERAL MUNICIPAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06241-01-3

A. 7984                             2

  (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 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 GENER-
AL 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
THEREOF 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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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  POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION  OF  THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR PROCEEDING QUES-
TIONING 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 AGAINST THE  AUTHORITY  ON
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 OR  RATES  SET
FORTH  IN  SUCH  BONDS FROM THE DUE DATE THEREOF UNTIL PAID OR OTHERWISE
SATISFIED.
  S 2. Section 1089 of the public authorities law, as amended by chapter
804 of the laws of 1990, subdivision 1 as amended by chapter 500 of  the
laws of 2012, is amended to read as follows:
  S  1089.  Actions AGAINST THE AUTHORITY.  1. [In any case founded upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any officer, appointee  or  employee  thereof,  and  the  provisions  of
section  fifty-e of the general municipal law shall govern the giving of
such notice. Except in an action for wrongful death, an  action  against
the  authority for damages for injuries to real or personal property, or
for the destruction thereof, or for personal injuries, alleged  to  have
been  sustained,  shall  not  be commenced more than one year and ninety
days after the cause of action therefor shall have accrued.
  2. 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] EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, NO ACTION  OR  SPECIAL  PROCEEDING  SHALL  BE

A. 7984                             3

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 ANY MEMBER,
OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS;
  (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
ITY  WITHIN  THE TIME LIMIT 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  OF  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 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 GENER-
AL 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
THEREOF  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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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 POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR  PROCEEDING  QUES-
TIONING 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 AGAINST THE AUTHORITY ON
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 OR RATES SET
FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF UNTIL  PAID  OR  OTHERWISE
SATISFIED.
  S 3. Section 1109 of the public authorities law, as amended by chapter
804  of the laws of 1990, subdivision 1 as amended by chapter 500 of the
laws of 2012, is amended to read as follows:
  S 1109. Actions AGAINST THE AUTHORITY.  1. [In any case  founded  upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any  officer,  appointee  or  employee  thereof,  and  the provisions of
section fifty-e of the general municipal law shall govern the giving  of
such  notice.  Except in an action for wrongful death, an action against
the authority for damages for injuries to real or personal property,  or

A. 7984                             4

for  the  destruction thereof, or for personal injuries, alleged to have
been sustained, shall not be commenced more than  one  year  and  ninety
days after the cause of action therefor shall have accrued.
  2.  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] 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 ANY MEMBER,
OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
  (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
ITY WITHIN THE TIME LIMIT 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,  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 GENER-
AL 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
THEREOF 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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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 CAUTION 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 POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR  PROCEEDING  QUES-
TIONING 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 AGAINST THE AUTHORITY ON
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 OR RATES SET
FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF UNTIL  PAID  OR  OTHERWISE
SATISFIED.
  S 4. Section 1169 of the public authorities law, as amended by chapter
804  of the laws of 1990, subdivision 1 as amended by chapter 500 of the
laws of 2012, is amended to read as follows:

A. 7984                             5

  S 1169. Actions AGAINST THE AUTHORITY.  1. [In any case  founded  upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any  officer,  appointee  or  employee  thereof,  and  the provisions of
section  fifty-e of the general municipal law shall govern the giving of
such notice. Except in an action for wrongful death, an  action  against
the  authority for damages for injuries to real or personal property, or
for the destruction thereof, or for personal injuries, alleged  to  have
been  sustained,  shall  not  be commenced more than one year and ninety
days after the cause of action therefor shall have accrued.
  2. 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] 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 ANY MEMBER,
OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
  (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
ITY  WITHIN  THE TIME LIMIT 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, 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 GENER-
AL 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
THEREOF  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 THE POWER TO SETTLE OR ADJUST
ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  4. AN 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 POSI-
TION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE GRANTED UPON APPLICA-
TION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION OR  PROCEEDING  QUES-
TIONING 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 AGAINST THE AUTHORITY ON
BONDS, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE THOUSAND FOUR OF THE

A. 7984                             6

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.
  S  5.  This  act  shall  take  effect on the same date and in the same
manner as chapter 500 of the laws of 2012, as amended.

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Assembly Bill A7984

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Sponsored By

MORELLE

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Sam Roberts

multi-Sponsors

Vivian Cook

Jose Rivera

Addie Jenne

Robert Sweeney

2013-A7984 (ACTIVE) - Details

2013-A7984 (ACTIVE) - Summary

2013-A7984 (ACTIVE) - Bill Text download pdf

Comments