N.Y. Civil Rights Law § 79-f: Liability for acts of persons assisting police officers

§ 79-f. Liability for acts of persons assisting police officers. 1.

Notwithstanding any inconsistent provisions of law, general or special

or local, the state shall save harmless and protect any person who, upon

being lawfully commanded, renders assistance to a police officer

employed by the state in the performance of his duties, from any

financial loss arising out of any claim, demand, suit or judgment by

reason of alleged negligence, other than gross negligence, or an alleged

tortious act of the person rendering such assistance which results in

bodily injury or property damage; any political subdivision of the state

shall save harmless and protect any person who, upon being lawfully

commanded, renders assistance to a police officer of such political

subdivision in the performance of his duties, from any financial loss

arising out of any claim, demand, suit or judgment by reason of alleged

negligence, other than gross negligence, or an alleged tortious act of

the person rendering such assistance which results in bodily injury or

property damage; any agency of the state shall save harmless and protect

any person who, upon being lawfully commanded, renders assistance to a

police officer of such agency in the performance of his duties, from any

financial loss arising out of any claim, demand, suit or judgment by

reason of alleged negligence, other than gross negligence, or an alleged

tortious act of the person rendering such assistance which results in

bodily injury or property damage.

2. The state or an agency or political subdivision thereof shall not

be subject to the duty imposed by this section, unless the person who

rendered assistance shall, within ten days of the time he is served with

any summons, complaint, process, notice, demand or pleading, deliver the

original or a copy thereof to the chief legal officer of the state or

agency or political subdivision thereof, as the case may be.

3. Thereafter, the state, agency or political subdivision, as the case

may be, shall be entitled to appear in any further proceedings arising

under this section.

4. As used in this section the term police officer means any member of

a duly organized police force or department of any county, city, town,

village, municipality, authority, police district, regional state park

commission when employed full time in the enforcement of the general

criminal laws of the state, or any member of the state police or a

sheriff, undersheriff or deputy sheriff, other than a special deputy

sheriff.