2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
205-E - Right of action to certain injured or representatives of certain deceased police officers.


NY Gen Mun L § 205-E (2012) What's This?
 
    §  205-e.  Right  of  action  to certain injured or representatives of
  certain deceased police officers. 1. In addition to any other  right  of
  action  or  recovery  under any other provision of law, in the event any
  accident, causing injury, death or a disease  which  results  in  death,
  occurs  directly  or  indirectly  as  a result of any neglect, omission,
  willful or culpable negligence of any person or persons  in  failing  to
  comply  with the requirements of any of the statutes, ordinances, rules,
  orders and requirements of the federal, state, county, village, town  or
  city  governments  or  of  any  and all their departments, divisions and
  bureaus, the person or persons guilty of said neglect, omission, willful
  or culpable negligence at the time of such  injury  or  death  shall  be
  liable  to  pay  any  officer,  member,  agent or employee of any police
  department injured, or whose life may be lost while in the discharge  or
  performance  at  any  time  or  place  of any duty imposed by the police
  commissioner, police chief or  other  superior  officer  of  the  police
  department, or to pay to the spouse and children, or to pay the parents,
  or  to pay the brothers and sisters, being the surviving heirs-at-law of
  any deceased person thus having lost his life, a sum of money,  in  case
  of injury to person, not less than one thousand dollars, and in the case
  of  death  not  less  than  five  thousand dollars, such liability to be
  determined and such sums recovered in an action to be instituted by  any
  person  injured  or  the  family  or  relatives  of any person killed as
  aforesaid, provided, however, that nothing  in  this  section  shall  be
  deemed to expand or restrict any right afforded to or limitation imposed
  upon  an employer, an employee or his or her representative by virtue of
  any provisions of the workers' compensation law.
    2. Notwithstanding any other  provision  of  law,  including  sections
  fifty-e  and  fifty-i  of  this  chapter,  section  thirty-eight hundred
  thirteen of the education law, section ten of the court  of  claims  act
  and  the  provisions  of  any  general,  special or local law or charter
  requiring as a condition precedent  to  commencement  of  an  action  or
  special  proceeding  that a notice of claim be filed or presented, every
  cause of action or special proceeding that a notice of claim be filed or
  presented, every cause of action for the  personal  injury  or  wrongful
  death  of  a police officer which was pending on or after January first,
  nineteen hundred eighty-seven,  or  which  was  dismissed  on  or  after
  January  first,  nineteen  hundred eighty-seven because this section was
  not yet effective, or which would  have  been  actionable  on  or  after
  January  first,  nineteen  hundred  eighty-seven  had  this section been
  effective is hereby revived and an action thereon may  be  commenced  at
  any  time  provided  that  such  action  is  commenced on or before June
  thirtieth, two thousand.
    3. This  section  shall  be  deemed  to  provide  a  right  of  action
  regardless  of whether the injury or death is caused by the violation of
  a provision which codifies a common-law duty and regardless  of  whether
  the  injury  or  death  is  caused  by  the  violation  of  a  provision
  prohibiting activities or conditions which increase the dangers inherent
  in the work of any officer, member, agent  or  employee  of  any  police
  department.

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