New York Consolidated Laws

N.Y. County Law § 53 (2026)

Liability of county for torts

✓ current as of May 2026

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§ 53. Liability of county for torts. 1. Upon compliance with section
fifty-two each county shall be liable under the same rules of law
applicable to the state, for damage or injury, or death, to person or
property sustained by reason of the torts of its officers, agents,
servants and employees.
  2. Notwithstanding the provisions of any law defining real property
owned by tax title or owned for purposes of reimbursement of assistance
granted, as held and used for a public purpose, no county shall be
liable by reason of such property being defective, out of repair, unsafe
or dangerous, unless the county is in the actual physical possession,
control and operation thereof as owner, or deriving a direct income
therefrom; and with no greater liability than that imposed upon the
individual owner of property.
  3. Nothing herein shall repeal or modify the exclusive liability as
imposed and provided in the workmen's compensation law.

Notes of Decisions

Cited in 4 cases, 1973–2015 · leading case: Cnty. of Wyoming, NY v. Erie Lackawanna Ry. Co., 360 F. Supp. 1212 (W.D.N.Y. 1973).

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Cnty. of Wyoming, NY v. Erie Lackawanna Ry. Co., 360 F. Supp. 1212 (W.D.N.Y. 1973). · cites it 2× “See N. Y. County Law § 53(1) (McKinney’s Consol.”

Bardi v. Warren Cnty. Sheriff's Dep't, 194 A.D.2d 21 (N.Y. App. Div. 1993). “By statute, the State has waived its immunity from liability for the torts of its officers and employees (see, Court of Claims Act § 8) and a county, as a subdivision of the State, is likewise answerable for the torts of its officers and employees (see, Holmes v County of Erie,…”

Sharen Branch v. Cnty. of Sullivan, 34 N.E.3d 349 (NY 2015). “Plaintiff also argues that the College’s trustees are officers of the County, which is therefore liable for their negligent acts pursuant to County Law § 53; and that the County’s transfer of the dormitory to the Dormitory Authority was invalid.”

Myers v. Cnty. of Orange, 157 F.3d 66 (2d Cir. 1998). “Law § 2 (defining DA and ADA as “local officer[s],” not “state officerfs]”); N.Y. County Law § 53 (1) (county is liable for torts of county officers); Kelley v.”

— N.Y. County Law § 53(1) — 1 case

Cnty. of Wyoming, NY v. Erie Lackawanna Ry. Co., 360 F. Supp. 1212 (W.D.N.Y. 1973). “See N. Y. County Law § 53(1) (McKinney’s Consol.”

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