§ 8-A — Torts of militia members and military and naval employees

New York § 8-A

• Jurisdiction: New York
• Law CTC: Court of Claims
• Art. 2: Jurisdiction

Text

§ 8-a. 1. Torts of militia members and military and naval employees.\nThe state hereby waives its immunity from liability and action with\nrespect to the torts of members of the organized militia and employees\nin the division of military and naval affairs of the executive\ndepartment in the operation, maintenance and control of vehicles,\nincluding aircraft, owned by the state or issued or loaned or assigned\nto the state by the United States for the use of such organized militia\nor such employees, and in the operation, maintenance and control of\narmories devoted to the use of the organized militia of the state, while\nacting within the scope and in the performance of their duties in the\nmilitary service of the state, except while engaged in the active\nservice of the state pursuant to sections five, six or seven of the\nmilitary law. The state hereby assumes such liability and consents to\nhave the same determined in accordance with the same rules of law as\napplied to actions in the supreme court, provided the claimant complies\nwith the limitations of this article. Nothing herein contained shall be\nconstrued to effect a waiver of immunity from liability and action or an\nassumption of liability with respect to the claim of any person in, or\nformerly in, the military service of the state, arising out of or in\nconnection with such person's military service on behalf of the state;\nnor shall anything herein contained be construed to affect, alter or\nrepeal any provision of the military law or the workmen's compensation\nlaw. The waiver of immunity and the assumption of liability contained in\nthis section shall not in any event apply in circumstances where under\nthe laws of the United States liability has been or is hereafter assumed\nby the United States, to the extent of such assumption of liability\nunder the laws of the United States.\n