2013 New York Consolidated Laws
CVR - Civil Rights
Article 7 - (70 - 79-N*2) MISCELLANEOUS RIGHTS AND IMMUNITIES
79-F - Liability for acts of persons assisting police officers.


NY Civ Rights L § 79-F (2012) What's This?
 
    §  79-f.  Liability for acts of persons assisting police officers.  1.
  Notwithstanding any inconsistent provisions of law, general  or  special
  or local, the state shall save harmless and protect any person who, upon
  being  lawfully  commanded,  renders  assistance  to  a  police  officer
  employed by the state  in  the  performance  of  his  duties,  from  any
  financial  loss  arising  out  of any claim, demand, suit or judgment by
  reason of alleged negligence, other than gross negligence, or an alleged
  tortious act of the person rendering such assistance  which  results  in
  bodily injury or property damage; any political subdivision of the state
  shall  save  harmless  and  protect  any person who, upon being lawfully
  commanded, renders assistance to a  police  officer  of  such  political
  subdivision  in  the  performance of his duties, from any financial loss
  arising out of any claim, demand, suit or judgment by reason of  alleged
  negligence,  other  than gross negligence, or an alleged tortious act of
  the person rendering such assistance which results in bodily  injury  or
  property damage; any agency of the state shall save harmless and protect
  any  person  who, upon being lawfully commanded, renders assistance to a
  police officer of such agency in the performance of his duties, from any
  financial loss arising out of any claim, demand,  suit  or  judgment  by
  reason of alleged negligence, other than gross negligence, or an alleged
  tortious  act  of  the person rendering such assistance which results in
  bodily injury or property damage.
    2. The state or an agency or political subdivision thereof  shall  not
  be  subject  to  the duty imposed by this section, unless the person who
  rendered assistance shall, within ten days of the time he is served with
  any summons, complaint, process, notice, demand or pleading, deliver the
  original or a copy thereof to the chief legal officer of  the  state  or
  agency or political subdivision thereof, as the case may be.
    3. Thereafter, the state, agency or political subdivision, as the case
  may  be,  shall be entitled to appear in any further proceedings arising
  under this section.
    4. As used in this section the term police officer means any member of
  a duly organized police force or department of any county,  city,  town,
  village,  municipality,  authority, police district, regional state park
  commission when employed full time in the  enforcement  of  the  general
  criminal  laws  of  the  state,  or  any member of the state police or a
  sheriff, undersheriff or deputy sheriff, other  than  a  special  deputy
  sheriff.

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