§ 89-l. Indemnification. The city of New York shall indemnify and hold harmless the state of New York in any action or proceeding arising out of the construction, maintenance or operation of an alternate correctional facility which is constructed, maintained or operated in accordance with the provisions of this article. The obligation to indemnify and hold harmless imposed herein shall include reasonable attorneys' fees, court costs, and costs of litigation including witness fees, incurred by the state of New York in connection with the defense of any such action or proceeding. Such obligation shall extend to any expenses incurred by the state of New York pursuant to § 17 of the public officers law for the defense and indemnification of state officers and employees in any action or proceeding arising out of the construction, maintenance or operation of any such facility constructed, maintained and operated in accordance with the provisions of this article and the operating agreement or agreements. The city of New York's obligation to indemnify and hold harmless the state of New York shall in no way be construed as relieving the state of its obligation to comply with any and all orders or injunctions issued by any court of competent jurisdiction.

Terms Used In N.Y. Correction Law 89-L

  • Alternate correctional facility: shall mean a correctional facility designed to house medium security incarcerated individuals as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible incarcerated individuals, as defined by subdivision four of this section. See N.Y. Correction Law 87
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  Previous section
Next section  
 Article 4-B Contents