§ 50-C — Liability for negligent operation of certain vehicles in the performance of duty by police officers and paid firefighters

§ 50-c. Liability for negligent operation of certain vehicles in the\nperformance of duty by police officers and paid firefighters. 1. Every\ncity, town, village and fire district, notwithstanding any inconsistent\nprovision of law, general, special or local or the limitation contained\nin the provisions of any city charter, shall be liable for, and shall\nassume the liability to the extent that it shall save harmless any duly\nappointed police officers of the municipality or any duly appointed paid\nfirefighters of the municipality or fire district for, the negligence of\nsuch appointee in the operation of a vehicle upon the public streets or\nhighways of the municipality or fire district in the discharge of a\nstatutory duty imposed upon such appointee or municipality or fire\ndistrict, provided the appointee at the time of the accident, injury or\ndamages complained of, was acting in the performance of his or her\nduties and within the scope of his or her employment.\n A police officer of a municipality or a paid firefighter of a\nmunicipality or fire district, although excused from official duty at\nthe time, for the purposes of this section, shall be deemed to be acting\nin the discharge of duty when engaged in the immediate and actual\nperformance of a public duty imposed by law and such public duty\nperformed was for the benefit of all the citizens of the community and\nthe municipality or fire district derived no special benefit in its\ncorporate capacity.\n No action or special proceeding instituted pursuant to the provisions\nof this section or section fifty-b of this article, shall be prosecuted\nor maintained against the municipality, fire district or appointee,\nunless notice of claim shall have been made and served in compliance\nwith section fifty-e of this article. Every such action shall be\ncommenced pursuant to the provisions of section fifty-i of this article.\n 2. The provisions of this section shall not apply to the city of New\nYork.\n