N.Y. CNT Law § 53

§ 53. Liability of county for torts. 1. Upon compliance with section\nfifty-two each county shall be liable under the same rules of law\napplicable to the state, for damage or injury, or death, to person or\nproperty sustained by reason of the torts of its officers, agents,\nservants and employees.\n 2. Notwithstanding the provisions of any law defining real property\nowned by tax title or owned for purposes of reimbursement of assistance\ngranted, as held and used for a public purpose, no county shall be\nliable by reason of such property being defective, out of repair, unsafe\nor dangerous, unless the county is in the actual physical possession,\ncontrol and operation thereof as owner, or deriving a direct income\ntherefrom; and with no greater liability than that imposed upon the\nindividual owner of property.\n 3. Nothing herein shall repeal or modify the exclusive liability as\nimposed and provided in the workmen's compensation law.\n