Requires the state to defend and indemnify N.Y. city for property damage, personal injury and death that arise out of the maintenance and repair of state arterial highways

BILL NUMBER:A480

Title of bill

An act to amend the highway law, in relation to liabil- ity of the state with respect to maintenance and repair of state arterial highways

Purpose

This bill reverses a decision of the Court of Appeals which held that New York City was liable for damages for personal injury, property damage or wrongful death for losses arising from the perform- ance of maintenance and repair functions on State arterial highways under agreement with the State. As a result of this bill, New York City will be treated exactly the same as all other municipalities in the State which have entered such agreements.

Summary of provisions

This bill amends subdivision 8-a of Section 349-c of the Highway Law to require the State of New York to defend and indem- nify the City for property damage, personal injury, or wrongful death claims that arise out of the maintenance and repair of the State's arterial highways.

Justification

While the State arterial highways are owned by the State, they are maintained and repaired by the cities they run through under agreements between the State Commissioner of Transportation and the cities. In order to relieve the municipalities of any liability incurred as a result of damages for personal injury, injury to property or wrong- ful death for losses arising from or occasioned by the manner of performance of the functions under the agreements, the State enacted subdivision 8-a of section 349-c of the highway law to hold the munici- palities harmless.

A recent Court of Appeals case, City of New York v. State of New York, 98 N.Y. 2d 740 (2002), held that, unlike every other city which had entered into maintenance and repair agreements with the state, New York City was not protected by the indemnification provisions of subdivision 8-a. As a result, New York City alone, among all the cities in the State which have entered these agreements, faces exposure to tort liability for the quality of its work and subsequent personal injuries, property injury and wrongful death. There is no justification for this inequita- ble treatment of New York City and this legislation will clearly provide it with the same protections afforded to the other municipalities which have entered maintenance and repair agreements with NYS DOT.

Legislative history

2008: A7523 (Kavanagh) - Transportation 2007: A7523 (Kavanagh) - Trans- portation 2006: A6483 (Grannis) - Transportation 2005: A6483 (Grannis) - Transportation 2004: A8759 (Grannis) - Transportation 2003: A8759 (Grannis) - Transportation

Fiscal impact on the state

Unknown

Effective date

This act shall take effect immediately and shall apply to all actions or proceedings commenced on or after such date.