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This entry was published on 2019-01-11
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SECTION 50-C
Liability for negligent operation of certain vehicles in the performance of duty by police officers and paid firefighters
General Municipal (GMU) CHAPTER 24, ARTICLE 4
§ 50-c. Liability for negligent operation of certain vehicles in the
performance of duty by police officers and paid firefighters. 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 police officers of the municipality or any duly appointed paid
firefighters 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 or her
duties and within the scope of his or her employment.

A police officer of a municipality or a paid firefighter 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 this section or section fifty-b of this article, 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 article. Every such action shall be
commenced pursuant to the provisions of section fifty-i of this article.

2. The provisions of this section shall not apply to the city of New
York.