N.Y. General Municipal Law § 205-e: Right of action to certain injured or representatives of certain deceased police officers

§ 205-e. Right of action to certain injured or representatives of

certain deceased police officers. 1. In addition to any other right of

action or recovery under any other provision of law, in the event any

accident, causing injury, death or a disease which results in death,

occurs directly or indirectly as a result of any neglect, omission,

willful or culpable negligence of any person or persons in failing to

comply with the requirements of any of the statutes, ordinances, rules,

orders and requirements of the federal, state, county, village, town or

city governments or of any and all their departments, divisions and

bureaus, the person or persons guilty of said neglect, omission, willful

or culpable negligence at the time of such injury or death shall be

liable to pay any officer, member, agent or employee of any police

department injured, or whose life may be lost while in the discharge or

performance at any time or place of any duty imposed by the police

commissioner, police chief or other superior officer of the police

department, or to pay to the spouse and children, or to pay the parents,

or to pay the brothers and sisters, being the surviving heirs-at-law of

any deceased person thus having lost his life, a sum of money, in case

of injury to person, not less than one thousand dollars, and in the case

of death not less than five thousand dollars, such liability to be

determined and such sums recovered in an action to be instituted by any

person injured or the family or relatives of any person killed as

aforesaid, provided, however, that nothing in this section shall be

deemed to expand or restrict any right afforded to or limitation imposed

upon an employer, an employee or his or her representative by virtue of

any provisions of the workers' compensation law.

2. Notwithstanding any other provision of law, including sections

fifty-e and fifty-i of this chapter, section thirty-eight hundred

thirteen of the education law, section ten of the court of claims act

and the provisions of any general, special or local law or charter

requiring as a condition precedent to commencement of an action or

special proceeding that a notice of claim be filed or presented, every

cause of action or special proceeding that a notice of claim be filed or

presented, every cause of action for the personal injury or wrongful

death of a police officer which was pending on or after January first,

nineteen hundred eighty-seven, or which was dismissed on or after

January first, nineteen hundred eighty-seven because this section was

not yet effective, or which would have been actionable on or after

January first, nineteen hundred eighty-seven had this section been

effective is hereby revived and an action thereon may be commenced at

any time provided that such action is commenced on or before June

thirtieth, two thousand.

3. This section shall be deemed to provide a right of action

regardless of whether the injury or death is caused by the violation of

a provision which codifies a common-law duty and regardless of whether

the injury or death is caused by the violation of a provision

prohibiting activities or conditions which increase the dangers inherent

in the work of any officer, member, agent or employee of any police

department.