N.Y. Court of Claims Act § 8-a: Torts of militia members and military and naval employees

§ 8-a. 1. Torts of militia members and military and naval employees.

The state hereby waives its immunity from liability and action with

respect to the torts of members of the organized militia and employees

in the division of military and naval affairs of the executive

department in the operation, maintenance and control of vehicles,

including aircraft, owned by the state or issued or loaned or assigned

to the state by the United States for the use of such organized militia

or such employees, and in the operation, maintenance and control of

armories devoted to the use of the organized militia of the state, while

acting within the scope and in the performance of their duties in the

military service of the state, except while engaged in the active

service of the state pursuant to sections five, six or seven of the

military law. The state hereby assumes such liability and consents to

have the same determined in accordance with the same rules of law as

applied to actions in the supreme court, provided the claimant complies

with the limitations of this article. Nothing herein contained shall be

construed to effect a waiver of immunity from liability and action or an

assumption of liability with respect to the claim of any person in, or

formerly in, the military service of the state, arising out of or in

connection with such person's military service on behalf of the state;

nor shall anything herein contained be construed to affect, alter or

repeal any provision of the military law or the workmen's compensation

law. The waiver of immunity and the assumption of liability contained in

this section shall not in any event apply in circumstances where under

the laws of the United States liability has been or is hereafter assumed

by the United States, to the extent of such assumption of liability

under the laws of the United States.