2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 205-A - Additional Right of Action to Certain Injured or Representatives of Certain Deceased Firefighters.

§   205-a.     Additional  right  of  action  to  certain  injured  or
  representatives of certain deceased firefighters. 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 fire 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  fire  commissioner, fire chief or other superior officer of the
  fire department, or to pay to the wife and children, or to  pay  to  the
  parents,  or  to  pay  to  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 ten thousand dollars,
  and in case  of  death  not  less  than  forty  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.
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  present,  every
  cause  of  action  for  the  personal  injury  or  wrongful  death  of a
  firefighter 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 already
  inherent in the work of any officer, member, agent or  employee  of  any
  fire department.