Section 27-1321. Protection against liability

1.  Notwithstanding  any  other  provision of law to the contrary, any
  person who is, by professional training or  experience  and  attainment,
  qualified  to analyze and interpret matters pertaining to the treatment,
  storage, disposal, or transport  of  hazardous  materials  or  hazardous
  wastes,   and  who  voluntarily  and  without  expectation  of  monetary
  compensation provides assistance or advice in mitigating the effects  of
  an  accidental  or  threatened  discharge  of any hazardous materials or
  hazardous wastes, or in preventing, cleaning up,  or  disposing  of  any
  such  discharge, shall not be subject to a penalty or to civil liability
  for damages or injuries alleged to have been sustained by any person  or
  entity  by reason of an act or omission in the giving of such assistance
  or advice. For  the  purposes  of  this  section,  the  term  "hazardous
  materials"  shall  have  the same meaning given that term in subdivision
  one of section fourteen-f  of  the  transportation  law,  and  the  term
  "hazardous wastes" shall mean those wastes identified or listed pursuant
  to  section  27-0903  of  this  article  and  any  rules and regulations
  promulgated thereunder.
    2. Nothing in subdivision one of  this  section  shall  be  deemed  or
  construed  to  relieve from liability for damages or injuries any person
  who: (a) is alleged to have caused  said  damages  or  injuries  as  the
  result   of   gross  negligence,  or  reckless,  wanton  or  intentional
  misconduct, or (b) is under a legal duty to respond to the incident,  or
  (c)  receives  compensation  other  than reimbursement for out-of-pocket
  expenses for services in rendering assistance or advice.
    3. Notwithstanding any other provision of law  to  the  contrary,  the
  liability  of any person designing, implementing or otherwise performing
  services related to an inactive hazardous waste disposal  site  remedial
  program  or  related  to  cleanup or restorative work which is conducted
  pursuant to a contract with the department or pursuant to  an  order  of
  the department, the department of health or a court, for any injury to a
  person  or  property  caused  by  or  related  to such services shall be
  limited to acts  or  omissions  of  the  person  during  the  course  of
  performing  such  services  which  are  shown to have been the result of
  negligence,  gross  negligence  or  reckless,  wanton   or   intentional
  misconduct.  Notwithstanding  any  other  provision  of  law, when (i) a
  verdict or decision in an action or claim for  injury  to  a  person  or
  property caused by or related to such services is determined in favor of
  a  claimant in an action involving a person performing such services and
  any other person or persons jointly liable, and (ii)  the  liability  of
  the person performing such services is found to be fifty percent or less
  of  the  total  liability  assigned to all persons liable, and (iii) the
  liability of the person performing such  services  is  not  based  on  a
  finding  of  reckless disregard for the safety of others, or intentional
  misconduct, then the liability of the person performing such services to
  the  claimant  for  loss  relating  to  injury  to  property   and   for
  non-economic  loss  relating  to injury to a person shall not exceed the
  equitable share of the person performing  such  services  determined  in
  accordance  with  the  relative  culpability  of  each person causing or
  contributing to the total liability for such losses; provided,  however,
  that  the culpable conduct of any person not a party to the action shall
  not be considered in determining  any  equitable  share  herein  if  the
  claimant  proves  that  with  due  diligence  the claimant was unable to
  obtain jurisdiction over such person in said action.  As  used  in  this
  section,  the  term  "non-economic  loss" includes but is not limited to
  pain and suffering, mental anguish, loss of consortium or other  damages
  for  non-economic  loss.  However,  nothing in this subdivision shall be
  deemed to  alter,  modify  or  abrogate  the  liability  of  any  person

  performing  such services for breach of any express warranty, limited or
  otherwise,  or  an  express  or  implied  warranty  under  the   uniform
  commercial  code,  or  to  an  employee  of  such person pursuant to the
  workers'   compensation   law,  or  relieve  from  liability,  including
  liability for the costs of cleanup, the owner or any  person  who  is  a
  person  responsible  for  the  disposal of hazardous wastes at the site,
  pursuant to section 27-1313 of this article.