Section 50-B. Municipal liability for negligent operation of vehicles or other facility of transportation  


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  • 1. Every county, city,  town,  village  and  other  subdivision  of government, notwithstanding any inconsistent
      provisions of law, general, special or local or any limitation contained
      in the provision of any city charter, shall be liable and  shall  assume
      the  liability  for the negligence of, and shall save harmless, a person
      duly appointed by the governing board or body of the municipality, or by
      any board, body, commission or other officer thereof, in  the  operation
      of  a  municipally  owned  vehicle  or  other facility of transportation
      within the state in the discharge of a statutory duty imposed upon  such
      person  or  municipality,  provided  the  appointee  at  the time of the
      accident or injury was acting in the discharge of his duties and  within
      the scope of his employment. Every such appointee shall, for the purpose
      of   this   section,   be   deemed  an  employee  of  the  municipality,
      notwithstanding the vehicle or  other  facility  of  transportation  was
      being  operated in the discharge of a public duty for the benefit of all
      citizens of the  community  and  the  municipality  derived  no  special
      benefit in its corporate capacity.
        2.  The  provisions of this section shall not apply to the city of New
      York.