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This entry was published on 2014-09-22
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SECTION 1021-O
Limitation of liability; indemnification
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-B
§ 1021-o. Limitation of liability; indemnification. 1. The directors,
officers and employees of the authority, while acting within the scope
of their authority as directors, officers or employees, shall not be
subject to any personal or civil liability resulting from the exercise,
carrying out or advocacy of any of the authority's purposes or power
unless the conduct of the directors, officers or employees is finally
determined by a court of competent jurisdiction to constitute
intentional wrongdoing or recklessness.

2. The provisions of section eighteen of the public officers law shall
apply to directors, officers and employees of the authority in
connection with any and all claims, demands, suits, actions or
proceedings which may be made or brought against any of them arising out
of any determinations made or actions taken or omitted to be taken in
compliance with any actions taken pursuant to the powers of this title.

3. As used in this section, the terms "director", "officer" and
"employee" shall include a former director, officer or employee and his
or her estate or judicially appointed personal representative.

4. Nothing in this section shall limit the obligations of a
"director," "officer," or "employee" of the authority or of a subsidiary
of the authority as a "person required to collect tax," as such term is
defined in article twenty-eight of the tax law, if such director,
officer or employee is, or was, under a duty to act for the authority or
subsidiary, or both, as the case may be, in complying with any
requirement of article twenty-eight or related provision of article
twenty-nine of the tax law.