NY Rac, Pari-Mut Wag & Breeding L § 619 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 6 - New York City Off-Track Betting Corporation 619 - Civil Actions Against Employees of the Corporation.

§ 619. Civil actions against employees of the corporation.  1. As used   in this section the following terms shall mean and include:a. "Corporation counsel." The corporation counsel of the city.b. "Employee." Any officer, director or employee of the corporation, a   former  officer,  director  or  employee  of the corporation, his or her   estate  or  judicially  appointed  personal  representative.  The   term   employee shall not include an independent contractor.2.  At the request of the employee and upon compliance by the employee   with the provisions of subdivision four of this section, the corporation   shall provide for the defense of an employee  in  any  civil  action  or   proceeding  in  any  state  or  federal  court  including  actions under   sections  nineteen   hundred   eighty-one   through   nineteen   hundred   eighty-eight of title forty-two of the United States code arising out of   any alleged act or omission which the corporation counsel finds occurred   while  the employee was acting within the scope of his employment and in   the discharge of his duties and was not in  violation  of  any  rule  or   regulation  of  the  corporation at the time the alleged act or omission   occurred. This duty to provide for a defense shall not arise where  such   civil   action  or  proceeding  is  brought  by  or  on  behalf  of  the   corporation, the city or state or any agency of either.3. The corporation shall indemnify and save harmless its employees  in   the  amount of any judgment obtained against such employees in any state   or federal court, or in the amount of any settlement of a claim approved   by the corporation counsel and the comptroller, provided that the act or   omission from which such judgment or settlement arose occurred while the   employee was acting within the  scope  of  his  employment  and  in  the   discharge  of  his  duties  and  was  not  in  violation  of any rule or   regulation of the corporation at  the  time  the  alleged  damages  were   sustained,  the  duty  to indemnify and save harmless prescribed by this   subdivision shall not arise where the injury  or  damage  resulted  from   intentional  wrongdoing or recklessness on the part of the employee. Any   judgment or settlement pursuant to this section shall be a cost  of  the   corporation's  functions  and  shall  be  payable from the moneys of the   corporation.4. The duty to defend or indemnify and  save  harmless  prescribed  by   this section shall be conditioned upon:a.  delivery  to  the  corporation  counsel  at  the office of the law   department of the city by the employee of the original or a copy of  any   summons,  complaint, process, notice, demand or pleading within ten days   after he or she is served with such document, andb. the full cooperation of the employee in the defense of such  action   or  proceeding  and  in  defense of any action or proceeding against the   corporation based upon the same act or omission, and in the  prosecution   of  any  appeal. Such delivery shall be deemed a request by the employee   that the corporation provide for his or her  defense  pursuant  to  this   section.  In  the  event  that  the  corporation counsel shall assume an   employee's defense and thereafter the employee fails to  or  refuses  to   cooperate  in  the  formation or presentation of his or her defense, the   court shall permit the  corporation  counsel  to  withdraw  his  or  her   representation  ten  days after giving written notice to the employee of   his or her intention to discontinue such representation.5. In the event  that  the  act  or  omission  upon  which  the  court   proceeding  against  the employee is based was or is also the basis of a   disciplinary  proceeding  by  the  corporation  against  the   employee,   representation  and  indemnification  pursuant  to  this  section may be   withheld:a. until such disciplinary proceeding has been resolved, and b. unless the resolution of the disciplinary proceeding exonerated the   employee as to such act or omission.6.   Every  action  or  proceeding  instituted  against  an  employee,   including an action brought to enforce a provision of sections  nineteen   hundred  eighty-one  through  nineteen  hundred  eighty-eight  of  title   forty-two of the United States code, shall be commenced pursuant to  the   provisions  of  section  six hundred eighteen of this chapter and within   one year and ninety days. No action or proceeding instituted against  an   employee other than one instituted pursuant to sections nineteen hundred   eighty-one  through  nineteen hundred eighty-eight of title forty-two of   the United States code shall be prosecuted  or  maintained  against  the   corporation  or  an employee unless notice of claim shall have been made   and served upon the corporation in compliance with section  six  hundred   eighteen of this chapter and within ninety days after the claim arises.7.  The  provisions  of this section shall not be construed to impair,   alter, limit or modify the rights and obligations of any  insurer  under   any policy of insurance.8.  The  provisions  of  this  section  shall apply to all actions and   proceedings pending  upon  the  effective  date  thereof  or  thereafter   instituted,  except  that  the  provisions  of  subdivision  six of this   section shall apply only to actions and  proceedings  instituted  on  or   after the effective date of this section.9. The provisions of this section shall not be construed in any way to   impair,  alter,  limit,  modify,  or  abrogate  or restrict any immunity   available to or conferred upon the corporation or any employee,  or  any   right  to  defense  indemnification  provided  in accordance with, or by   reason of, any other law.10. Notwithstanding any inconsistent provision of  this  section,  the   provisions  of  this  section  shall  not  apply  to any civil action or   proceeding commenced after  the  effective  date  of  this  subdivision.   Further,  the  corporation  counsel  may  continue representation in any   action or proceeding brought by or against  such  corporation  prior  to   such  effective  date. The corporation counsel and the corporation shall   be empowered to agree to the transfer of the defense or  prosecution  of   any  such  action or proceeding to such other counsel as shall be agreed   upon.