Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 12
Actions by and against the corporation
Facilities Development Corporation Act 359/68 (FDC) CHAPTER ROOT
§ 12. Actions by and against the corporation. 1. The state supreme
court shall have exclusive jurisdiction of any action, suit or special
proceeding brought by or against or involving the corporation. The venue
of any action, suit or special proceeding brought against the
corporation shall be laid in the county of Albany.

2. In every action against the corporation for damages, for injuries
to real or personal property, or for the destruction thereof, or for
personal injuries or death, the complaint shall contain an allegation
that at least thirty days have elapsed since the demand, claim or claims
upon which such action is founded were presented to a director or
officer of the corporation and that the corporation has neglected or
refused to make an adjustment or payment thereof for thirty days after
such presentment.

3. Except in an action for wrongful death, an action against the
corporation 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, nor unless a
notice of claim shall have been served on the corporation within the
time limit established by and in compliance with all requirements of
section fifty-e of the general municipal law. An action against the
corporation for wrongful death shall be commenced in accordance with the
notice of claim and time limitation provisions of title eleven of
article nine of the public authorities law.

4. All of the provisions of sections seventeen and nineteen of the
public officers law shall apply to the directors, officers and employees
of the corporation.