89-l. Indemnification. The city of New York shall indemnify and hold harmless the state of New York in any action or proceeding arising out of the construction, maintenance or operation of an alternate correctional facility which is constructed, maintained or operated in accordance with the provisions of this article. The obligation to indemnify and hold harmless imposed herein shall include reasonable attorneys' fees, court costs, and costs of litigation including witness fees, incurred by the state of New York in connection with the defense of any such action or proceeding. Such obligation shall extend to any expenses incurred by the state of New York pursuant to section seventeen of the public officers law for the defense and indemnification of state officers and employees in any action or proceeding arising out of the construction, maintenance or operation of any such facility constructed, maintained and operated in accordance with the provisions of this article and the operating agreement or agreements. The city of New York's obligation to indemnify and hold harmless the state of New York shall in no way be construed as relieving the state of its obligation to comply with any and all orders or injunctions issued by any court of competent jurisdiction.
Last modified: February 3, 2019