New York § 53 - 53Liability of county for torts

§ 53. 53Liability of county for torts

§ 53. Liability of county for torts. 1. Upon compliance with section fifty-two each county shall be liable under the same rules of law applicable to the state, for damage or injury, or death, to person or property sustained by reason of the torts of its officers, agents, servants and employees. 2. Notwithstanding the provisions of any law defining real property owned by tax title or owned for purposes of reimbursement of assistance granted, as held and used for a public purpose, no county shall be liable by reason of such property being defective, out of repair, unsafe or dangerous, unless the county is in the actual physical possession, control and operation thereof as owner, or deriving a direct income therefrom; and with no greater liability than that imposed upon the individual owner of property. 3. Nothing herein shall repeal or modify the exclusive liability as imposed and provided in the workmen's compensation law.