New York Laws
Article 10 - Firefighters and Police Officers
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.

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