§ 3970. Actions against the authority. 1. Except in an action for
wrongful death, no action or 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 director, officer,
agent or employee thereof, unless: (a) it shall appear by and as an
allegation in the complaint or moving papers that 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 proceeding shall be
commenced within one year 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
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 director, 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 power to settle or adjust any
claims in favor of or against the authority.

4. The rate of interest to be paid by the authority upon any judgment
for which it is liable, other than a judgment on bonds, notes or other
obligations, shall not exceed the maximum rate of interest on judgments
and accrued claims against municipal authorities as provided in the
general municipal law. Interest on payments of principal or interest on
any bonds, notes or other obligations in default shall accrue at the
rate specified in the general municipal law until paid or otherwise
satisfied.

5. The venue of every action, suit or special proceeding brought
against the authority shall be the supreme court in the county.

6. Neither any director of the authority nor any officer, employee, or
agent of the authority, while acting within the scope of his or her
authority, shall be subject to any liability resulting from exercising
or carrying out any of the powers given in this title.

7. (a) The state shall hold harmless and indemnify directors, officers
and employees of the authority, all of whom shall be deemed officers and
employees of the state for purposes of section seventeen of the public
officers law, against any claim, demand, suit, or judgment arising by
reason of any act or omission to act by such director, officer, or
employee occurring in the discharge of his or her duties and within the
scope of his or her service on behalf of the authority including any
claim, demand, suit or judgment based on allegations that financial loss
was sustained by any person in connection with the acquisition,
disposition or holding of securities or other obligations. In the event
of any such claim, demand, suit or judgment, a director, officer or
employee of the authority shall be held harmless and indemnified,
notwithstanding the limitations of subdivision one of section seventeen
of the public officers law, unless such individual is found by a final
judicial determination not to have acted, in good faith, for a purpose
which he or she reasonably believed to be in the best interest of the
authority or not to have had reasonable cause to believe that his or her
conduct was lawful.

(b) In connection with any such claim, demand, suit, or judgment, any
director, officer or employee of the authority shall be entitled to
representation by private counsel of his or her choice in any civil
judicial proceeding whenever the attorney general determines based upon
his or her investigation and review of the facts and circumstances of
the case that representation by the attorney general would be
inappropriate. The attorney general shall notify the individual in
writing of such determination that the individual is entitled to be
represented by private counsel. The attorney general may require, as a
condition to payment of the fees and expenses of such representative,
that appropriate groups of such individuals be represented by the same
counsel. If the individual or groups of individuals are entitled to
representation by private counsel under the provisions of this section,
the attorney general shall so certify to the state comptroller.
Reasonable attorneys' fees and litigation expenses shall be paid by the
state to such private counsel from time to time during the pendency of
the civil action or proceeding, subject to certification that the
individual is entitled to representation under the terms and conditions
of this section by the authority, upon the audit and warrant of the
state comptroller. The provisions of this subdivision shall be in
addition to and shall not supplant any indemnification or other benefits
heretofore or hereafter conferred upon directors, officers, or employees
of and representatives to the authority by section seventeen of the
public officers law, by action of the authority or otherwise. The
provisions of this subdivision shall inure only to directors, officers
and employees of the authority, shall not enlarge or diminish the rights
of any other party, and shall not impair, limit or modify the rights and
obligations of any insurer under any policy of insurance.