2006 New York Code - Enacted Without Section Heading.



 
    §  8-a.  1. Torts of militia members and military and naval employees.
  The state hereby waives its immunity  from  liability  and  action  with
  respect  to  the torts of members of the organized militia and employees
  in  the  division  of  military  and  naval  affairs  of  the  executive
  department  in  the  operation,  maintenance  and  control  of vehicles,
  including aircraft, owned by the state or issued or loaned  or  assigned
  to  the state by the United States for the use of such organized militia
  or such employees, and in the  operation,  maintenance  and  control  of
  armories devoted to the use of the organized militia of the state, while
  acting  within  the  scope and in the performance of their duties in the
  military service of the  state,  except  while  engaged  in  the  active
  service  of  the  state  pursuant  to sections five, six or seven of the
  military law.  The state hereby assumes such liability and  consents  to
  have  the  same  determined  in accordance with the same rules of law as
  applied to actions in the supreme court, provided the claimant  complies
  with the limitations of this article.  Nothing herein contained shall be
  construed to effect a waiver of immunity from liability and action or an
  assumption  of  liability with respect to the claim of any person in, or
  formerly in, the military service of the state, arising  out  of  or  in
  connection  with  such person's military service on behalf of the state;
  nor shall anything herein contained be construed  to  affect,  alter  or
  repeal  any  provision of the military law or the workmen's compensation
  law. The waiver of immunity and the assumption of liability contained in
  this section shall not in any event apply in circumstances  where  under
  the laws of the United States liability has been or is hereafter assumed
  by  the  United  States,  to  the extent of such assumption of liability
  under the laws of the United States.

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