§ 41.29 Liability of local government.

Terms Used In N.Y. Mental Hygiene Law 41.29

  • board: means a community services board for services to individuals with mental illness and developmental disabilities, those suffering from alcoholism, alcohol abuse, substance abuse or substance dependence. See N.Y. Mental Hygiene Law 41.03
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • local government: means a county, except a county within the city of New York, and the city of New York. See N.Y. Mental Hygiene Law 41.03
  • local governmental unit: means the unit of local government given authority in accordance with this chapter by local government to provide local services. See N.Y. Mental Hygiene Law 41.03
  • Personal property: All property that is not real property.

Any local government which has established a local governmental unit shall save harmless and protect the members of the board and officers and employees of such unit from financial loss arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental bodily harm or injury to any person, provided such board member, officer, or employee at the time of the accident or injury was acting in the discharge of his duties within the scope of his employment under this article. No action shall be maintained under this section against such a local government, board member, officer, or employee unless a notice of claim shall have been made and served in compliance with § 50-e of the general municipal law. Except in an action for wrongful death, an action against such a local government, board member, officer, or employee for damages for injuries to real or personal property, or for the destruction thereof, or for personal injuries, alleged to have been sustained, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued.