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New York Consolidated Laws

N.Y. County Law § 217 (2026)

County jail

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 217. County jail. Each county shall continue to maintain a county
jail as prescribed by law.
Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 1985–2026 · leading case: Freeland v. Erie Cnty., 204 A.D.3d 1465 (N.Y. App. Div. 4th Dep't 2022).
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Freeland v. Erie Cnty., 204 A.D.3d 1465 (N.Y. App. Div. 4th Dep't 2022). “Defendants likewise failed to establish as a matter of law that defendant Erie County (County) fulfilled its statutory duty to maintain the county jail ( see generally County Law § 217; Freeland , 122 AD3d at 1350).”
Villar v. Cnty. of Erie, 126 A.D.3d 1295 (N.Y. App. Div. 4th Dep't 2015). “Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained as a result of having been sexually assaulted twice by another inmate at the Erie County Cor *1296 rectional Facility, a county jail maintained by defendant (see County Law § 217) and operated…”
Freeland v. Erie Cnty., 122 A.D.3d 1348 (N.Y. App. Div. 4th Dep't 2014). “The County’s duty to provide and maintain the jail building is distinguishable from defendant Sheriffs duty to “receive and safely keep” prisoners in the jail over which he has custody (Correction Law § 500-c; see County Law § 217; see also Matter of New York State Commn.”
Cnty. of Herkimer v. Vill. of Herkimer, 51 Misc. 3d 516 (N.Y. Sup. Ct. 2016). · cites it 4× “(See County Law § 217.) The county jail serves an important governmental function in protecting the safety of its residents and in providing safe and secure housing for inmates.”
State Comm'n of Corr. v. Ruffo, 157 A.D.2d 987 (N.Y. App. Div. 3d Dep't 1990). “In the instant circumstances, the Sheriff is responsible for the safekeeping of inmates committed to his custody under Correction Law § 500-c, while the county is obligated to provide and maintain the jail building under County Law § 217. Respondent County Executive is mandated…”
Aviles v. Cnty. of Orange, 204 A.D.3d 740 (N.Y. App. Div. 2d Dep't 2022). “The County's duty to provide and maintain the jail building is distinguishable from the sheriff's duty to receive and safely keep inmates in the jail over which the sheriff has custody ( see Freeland v Erie County , 122 AD3d 1348, 1350 ; Correction Law § 500-c; County Law §…”
Ball v. Howard, No. 1:20-cv-00369 (W.D.N.Y. Dec. 14, 2021). · cites it 6× “Law § 500 -c; N.Y. County Law § 217 ). And Judge McCarthy further observed that the County has a duty under New York law to “protect inmates [from] risks of harm that are reasonably foreseeable.”
Maryland Attorney Gen. Opinion 110OAG110, No. 110OAG110 (Md. Att'y Gen. Dec. 23, 2025). “”); N.Y. County Law § 217 (“Each county shall continue to maintain a county jail as prescribed by law.”
Wade v. Cnty. of Monroe, 244 A.D.3d 1751 (N.Y. App. Div. 4th Dep't 2025). “Nonetheless, the County has a duty "to maintain a county jail as prescribed by law" (County Law § 217; see generally Matter of County of Cayuga v McHugh , 4 NY2d 609, 613, 615-616 [1958]), which "is distinguishable from [the] Sheriff's duty to 'receive and safely keep' prisoners…”
Wade v. Cnty. of Monroe, 244 A.D.3d 1751 (N.Y. App. Div. 4th Dep't 2025). “Nonetheless, the County has a duty "to maintain a county jail as prescribed by law" (County Law § 217; see generally Matter of County of Cayuga v McHugh , 4 NY2d 609, 613, 615-616 [1958]), which "is distinguishable from [the] Sheriff's duty to 'receive and safely keep' prisoners…”
Busch v. Cnty. of Erie, 250 A.D.3d 1646 (N.Y. App. Div. 4th Dep't 2026). “We agree with defendants that the court erred in denying that part of their motion seeking dismissal of the premises liability claim, which includes alleged violations of Correction Law §§ 141 and 500-c and County Law § 217, and we therefore modify the order accordingly.”
Freeland, Glenn v. Erie Cnty., No. CA 13-01411 (N.Y. App. Div. 4th Dep't Nov. 21, 2014). “Plaintiffs alleged in -3- 923 CA 13-01411 that cause of action that substandard housing at the Erie County Holding Center was a proximate cause of Trevell’s wrongful death. The County’s duty to provide and maintain the jail building is distinguishable from defendant Sheriff’s…”
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