N.Y. Defense Emergency Act 1951 784/51 § 113: Immunity from liability

§ 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.