N.Y. Defense Emergency Act 1951 Law § 113

Current through 2024 NY Law Chapter 553
Section 113 - Immunity from liability
1.The state, any political subdivision, municipal or volunteer agency, or another state or a civil defense force thereof or of the federal government or of another country or province or subdivision thereof, performing civil defense services in this state pursuant to an arrangement, agreement or compact for mutual aid and assistance, or any agency, member, agent or representative of any of them, or any individual, partnership, corporation, association, trustee, receiver or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any law, any rule, regulation or order duly promulgated or issued pursuant to this act, any federal law, or any arrangement, agreement or compact for mutual aid and assistance or any order issued by federal or state military authorities, relating to civil defense, including but not limited to activities pursuant thereto, in preparation for anticipated attack, during attack, or following attack or false warning thereof, or in connection with an authorized drill or test, shall not be liable for any injury or death to persons or damage to property as the result thereof.
1-a. The state, any political subdivision, or any individual, partnership, corporation, association, trustee, receiver, or any agent, agency, representative, officer or employee of any of them, who or which owns, maintains, occupies, operates or controls all or part of any building, structure or premises shall not be liable for any injury or death sustained by any person or damage caused to any property (a) while such person or property is in such building, structure or premises, or part thereof, for shelter purposes during an attack, drill, test or false warning thereof or is entering therein or thereon for such purposes or departing therefrom thereafter, and (b) as the result of any condition in or on such building, structure or premises, or part thereof, or of any act or omission with respect thereto, except a wilful act intended to cause injury or damage.
2.The provisions of this section shall not affect the right of any person to receive benefits to which he may be entitled under the workers' compensation law, volunteer firefighters' benefit law, volunteer ambulance workers' benefit law, any pension law or the general municipal law, nor the right of any person to receive any benefits or compensation under any act of congress or under any law of this state.
3.The provisions of section seventy-one of the general municipal law shall be inoperative and shall not apply with respect to property destroyed or injured by mobs or riots.

N.Y. Defense Emergency Act 1951 Law § 113