What's happening
This bill requires the State of New York to defend and indemnify the Hudson River Park Trust for claims related to the Route 9A bikeway/Greenway.
Why it matters
Shifts legal and financial responsibility for accidents and damages. By requiring New York State to defend and indemnify the Hudson River Park Trust for claims occurring on or related to the Route 9A bikeway/Greenway, the bill ensures that the Trust is protected from lawsuits and costs arising from incidents on this adjacent state-owned property.
Encourages continued operation and maintenance of the Greenway. The Trust is more likely to maintain and oversee the bikeway/Greenway if it is not directly liable for injury or property damage claims, promoting the Greenway’s ongoing availability for public use.
Clarifies governmental responsibilities and reduces ambiguity. This amendment makes explicit that the state, not the Trust, is responsible for legal defense and financial coverage for claims on the bike path, which can streamline legal processes and reduce disputes over liability between agencies.
Potentially impacts public funds and insurance structures. By shifting indemnification obligations to the state, the bill could have budgetary implications for New York, affecting how insurance and defense costs are allocated for incidents on the widely used Route 9A bikeway/Greenway.
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Who cares
Headline styles
State Covers Bikeway Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S6281A
- Ordered to third reading rules cal.613
- Rules report cal.613
- Reported
- Reported referred to rules
- Reference changed to ways and means
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
State Covers Greenway Liabilities
Vetoed · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8299
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Cities
AN ACT to amend the Hudson river park act, in relation to defense and indemnification obligations relating to the Route 9A bikeway/Greenway adjacent to the Hudson river park
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 3 of section 7 of chapter 592 of the laws of 1998, constituting the Hudson river park act, as amended by chapter 517 of the laws of 2013, is amended to read as follows:
(b) Upon the coming into existence of the trust, it shall exercise its rights, powers, responsibilities, and duties with respect to the park under this act. The state and the city of New York, each with respect to its real property in the park, shall expeditiously enter into agreements with the trust, whether by lease or otherwise, for a term not to exceed 99 years, provided that the state and city of New York shall extend such lease or other agreements until March 31, 2112 pursuant to [this] chapter 517 of the laws of 2013 and to modify the insurance and indemnification provisions thereof such that the state and city, each to the extent of its ownership of the real property in the park, shall provide for insurance, defense and indemnification obligations running from the state or city, as the case may be, to the trust in connection with and to the extent of any and all bodily injury or property damage claims alleged to occur on or relate to their respective real property in the park and to eliminate any obligations on the part of the trust in such lease agreements to provide insurance, defense or indemnification to the state or city, as the case may be, in connection with such alleged bodily injury or property damage claims. The state shall provide for defense and indemnification running from the state to the trust in connection with and to the extent of any and all bodily injury or property damage claims alleged to occur on or relate to the adjacent Route 9A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13143-03-9
A. 8299 2
bikeway/Greenway located between the northern seawall of Battery park city and the northern boundary of 59th street, which is real property owned by the state and not part of the park. The state and city, as applicable, shall execute such other instruments as necessary, whereby the trust shall receive a possessory interest in the real property and exercise its rights, powers, responsibilities, and duties, all in accordance with this act.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.