N.Y. Mental Hygiene Law Section 41.29
Liability of local government

Any local government which has established a local governmental unit shall save harmless and protect the members of the board and officers and employees of such unit from financial loss arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental bodily harm or injury to any person, provided such board member, officer, or employee at the time of the accident or injury was acting in the discharge of his duties within the scope of his employment under this article. No action shall be maintained under this section against such a local government, board member, officer, or employee unless a notice of claim shall have been made and served in compliance with General Municipal Law § 50-E (Notice of claim)section fifty-e of the general municipal law. Except in an action for wrongful death, an action against such a local government, board member, officer, or employee for damages for injuries to real or personal property, or for the destruction thereof, or for personal injuries, alleged to have been sustained, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued.

Source: Section 41.29 — Liability of local government, https://www.­nysenate.­gov/legislation/laws/MHY/41.­29 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

41.01
Declaration of purpose 41.03
Definitions 41.04
Responsibilities of commissioners of the offices 41.05
Local governmental unit 41.07
Provision of services by the local governmental unit 41.09
Director 41.10
State conference of local mental hygiene directors 41.11
Composition of boards 41.13
Powers and duties of local governmental units 41.15
Approved plans and state aid 41.16
Local planning 41.17
State and local coordination 41.18
Local services plan 41.24
Study on alternative to net deficit funding 41.25
Fees 41.27
State aid procedures 41.29
Liability of local government 41.31
Publication of records 41.32
Transitional provisions for local assistance funding of federally funded demonstration projects for treatment of alcoholics 41.33
Community residences for the mentally disabled 41.34
Site selection of community residential facilities 41.35
Demonstration programs 41.36
Community residential facilities 41.37
Community residence and residential treatment facility for children and youth development grants 41.38
Rental and mortgage payments of community residential facilities for the mentally ill 41.39
Vocational programs 41.40
Small community residential facilities 41.40*2
Respite services 41.41
Rights of persons with developmental disabilities 41.42
Family support programs 41.43
Family support services 41.44
Community residential services for the mentally ill 41.45
Development grants for residential care centers for adults 41.46
Disclosure by members, officers and employees 41.47
Community support services program 41.48
Real property acquisition options 41.49
Adolescent suicide prevention program 41.49*2
Community based mental health services for seriously emotionally disturbed children 41.50
Development grants for comprehensive psychiatric emergency programs 41.51
State aid for costs of comprehensive psychiatric emergency programs 41.52
Community residential services for alcoholism 41.53
Community residence development grants for alcoholism services 41.54
Roles and responsibilities of certain board members 41.54*2
Employee assistance programs 41.55
Community mental health support and workforce reinvestment program 41.57
Compulsive gambling education and treatment program
Green check means up to date. Up to date

Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 41.29. Liab. of local government's source at nysenate​.gov

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