2006 New York Code - Liability For Negligent Operation Of Certain Vehicles In The Performance Of Duty By Policemen And Paid Firemen.



 
    §  50-c.  Liability for negligent operation of certain vehicles in the
  performance of duty by policemen and paid firemen. 1. Every city,  town,
  village and fire district, notwithstanding any inconsistent provision of
  law,  general,  special  or  local  or  the  limitation contained in the
  provisions of any city charter, shall be liable for,  and  shall  assume
  the  liability  to  the  extent  that  it  shall  save harmless any duly
  appointed policeman of the  municipality  or  any  duly  appointed  paid
  fireman of the municipality or fire district for, the negligence of such
  appointee  in  the  operation  of  a  vehicle upon the public streets or
  highways of the municipality or fire district  in  the  discharge  of  a
  statutory  duty  imposed  upon  such  appointee  or municipality or fire
  district, provided the appointee at the time of the accident, injury  or
  damages  complained  of, was acting in the performance of his duties and
  within the scope of his employment.
    A policeman of a municipality or a paid fireman of a  municipality  or
  fire  district, although excused from official duty at the time, for the
  purposes of this section, shall be deemed to be acting in the  discharge
  of duty when engaged in the immediate and actual performance of a public
  duty  imposed  by law and such public duty performed was for the benefit
  of all the citizens of  the  community  and  the  municipality  or  fire
  district derived no special benefit in its corporate capacity.
    No  action or special proceeding instituted pursuant to the provisions
  of section fifty-b or fifty-c of this chapter, shall  be  prosecuted  or
  maintained  against the municipality, fire district or appointee, unless
  notice of claim shall have been  made  and  served  in  compliance  with
  section  fifty-e  of  this chapter. Every such action shall be commenced
  pursuant to the provisions of section fifty-i of this chapter.   2.  The
  provisions of this section shall not apply to the city of New York.

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