NY Gen Mun L § 50-K (2021)
2021 New York Laws GMU - General Municipal Article 4 - Negligence and Malfeasance of Public Officers; Taxpayers' Remedies 50-K - Civil Actions Against Employees of the City of New York.

§  50-k.  Civil actions against employees of the city of New York.  1.   As used in this section:a. "Agency" shall mean a  city,  county,  borough,  or  other  office,   position,  administration, council, department, division, bureau, board,   community board, commission, institution or agency  of  government,  the   expenses  of  which are paid in whole or in part from the city treasury,   but shall not include, unless otherwise  provided  by  law,  any  public   authority, public benefit corporation or board of education.b. "City" shall mean the city of New York.c. "Comptroller" shall mean the comptroller of the city.d.  "Corporation  Council"  shall  mean the corporation council of the   city.e. "Employee" shall mean any person holding a  position  by  election,   appointment  or  employment in the service of any agency, whether or not   compensated, or a volunteer expressly authorized  to  participate  in  a   city  sponsored  volunteer program, but shall not include an independent   contractor. The term employee  shall  include  a  former  employee,  his   estate or judicially appointed personal representative.2.  At the request of the employee and upon compliance by the employee   with the provisions of subdivision four of this section, the city  shall   provide for the defense of an employee of any agency 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 public employment   and in the discharge of his duties and was not in violation of any  rule   or  regulation  of  his  agency  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 city or   state or an agency of either.3. The city 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 public employment and in the   discharge  of  his  duties  and  was  not  in  violation  of any rule or   regulation of his agency 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.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  is  served  with  such   document, and (b) the full cooperation of the employee in the defense of   such  action  or  proceeding  and in defense of any action or proceeding   against the city 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 city provide for  his  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 defense, the court   shall permit the corporation counsel to withdraw his representation  ten   days  after  giving  written  notice to the employee of his 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 employee's agency against  the  employee,   representation  by  the  corporation  counsel and indemnification by the   city  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  hereunder, 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 fifty-i of this chapter and within one year and ninety days.  No   action  or  proceeding  instituted  hereunder, 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  city  or  any  agency  or  an   employee unless notice of claim shall have been made and served upon the   city  in  compliance  with  section  fifty-e  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  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 any unit, entity, officer or employee of   the city or any agency or any other level of government, or any right to   defense and/or indemnification provided for any governmental officer  or   employee by, in accordance with, or by reason of, any other provision of   state, federal or local law or common law.