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a. The board of estimate may inquire into, hear and determine any claim against the city wherein compensation is sought for the death of or injury to any person or persons:
1. which shall have been caused by a police officer of the city, while such officer is engaged in arresting or endeavoring to arrest any person or in retaking any person who has escaped from legal custody, or in executing any legal process, or
2. which shall have been caused by any person who is engaged in or who is in the act of leaving the scene of the commission of a felony or who is endeavoring to escape from a police officer or from legal custody, if such death was caused or injury received in assisting a police officer in the performance of the officer's duties.
b. The board, by a unanimous vote, as a matter of grace and not as a matter of right, may award an amount recommended by the comptroller to be paid to the person or persons injured, or in the case of death to the person or persons who would be entitled to distribution under the provisions of EPTL 5-4.4 or any amendments thereto. As a condition precedent, however, to consideration by the board, such claim must be certified in writing to the board by the comptroller as an illegal or invalid claim against the city, but which in the comptroller's judgment it is equitable and proper to pay in the amount certified by the comptroller; and provided, further, that a written petition stating all the essential facts in relation to such injury or death, signed by the injured person or persons, or in case of death by a person or persons entitled to receive the award or any part thereof, or by the personal representatives of a decedent, shall be filed with the comptroller within six months of the date of the occurrence which resulted in such injury or death. The provisions of this section shall not authorize the audit or payment of any claim barred by the statute of limitations.
a. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes.
c. Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes) in a reasonably safe condition. This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section.
d. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is commenced, including any provisions requiring prior notice to the city of defective conditions.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/049.
An owner of real property, other than a public corporation as defined in section sixty-six of the general construction law or a state or federal agency or instrumentality, to which subdivision b of section 7-210 of this code applies, shall be required to have a policy of personal injury and property damage liability insurance for such property for liability for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain the sidewalk abutting such property in a reasonably safe condition. The city shall not be liable for any injury to property or personal injury, including death, as a result of the failure of an owner to comply with this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/054.
a. Where a judgment for personal injury, including death, obtained against an abutting property owner pursuant to section 7-210 of this code is unsatisfied for a period of at least one year following entry of such judgment in the office of the county clerk of the county in which such property is situated and the judgment debtor has been determined by the comptroller after investigation to have no policy of liability insurance or other assets to satisfy such judgment, the comptroller, after consultation with the corporation counsel, is hereby authorized and empowered to make a payment for such personal injury, including death.
b. Any such payment shall be made in the discretion of the comptroller and shall not be made as a matter of right. The amount of such payment shall not exceed uncompensated medical expenses. Payment may be in a single payment, or may be made in periodic payments. No such payment or periodic payments shall exceed fifty thousand dollars in total with respect to any unsatisfied judgment and the total of all such payments for all judgments in any fiscal year shall not exceed four million dollars.
c. Petitions for a payment under this section shall be presented to the comptroller not less than one or more than three years following entry of such judgment in the office of the county clerk of the county in which such property is located. Each petition shall include evidence demonstrating (i) that efforts to collect the judgment have been pursued, and (ii) that the judgment debtor has no policy of liability insurance or other assets to satisfy the judgment.
d. Before the comptroller shall make such payment, he or she shall require the petitioner to execute an assignment of the judgment to the city. After assignment the city shall be entitled to enforce the judgment. To the extent that the city collects money on the judgment in excess of the payment or payments made to a petitioner pursuant to this section, such excess amount shall be paid to the petitioner after deducting the city's expenses.
e. No payment shall be made under this section if it is determined that the unsatisfied judgment was obtained by fraud, or by collusion of the plaintiff and of any defendant in the action.
f. The comptroller shall, by rule, establish procedures for the presentation of petitions for payment pursuant to the provisions of subdivision c of this section, for the review of such petitions by that office and with respect to such other matters as are necessary to implement the provisions of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/054.