§ 553-e. Laws applicable to certain activities. 1. (a) In its\nperformance of any project authorized by paragraph (m), (n), (o), (p) or\n(r) of subdivision nine of section five hundred fifty-three of this\ntitle, the authority shall not be deemed the agent or instrumentality of\nany other public benefit or municipal corporation notwithstanding the\nfact that title to any real or personal property (or any interest\ntherein) which is the subject of or is a part of such project is held\nby, or upon completion of such project is to be transferred to, any such\nentity, and the provisions of section five hundred fifty-nine of this\ntitle shall not be applicable with respect to any such project. In its\nperformance of any such project for the New York city transit authority,\nhowever, the provisions of section twelve hundred nine of this chapter\nshall apply to the authority as if it were the "authority" referred to\ntherein.\n (b) Neither the provisions of section one hundred ninety-seven-c of\nthe New York city charter, relating to a uniform land use review\nprocedure, nor the provisions of any other local law of the city of New\nYork of like or similar tenor or import shall apply (i) to the\nacquisition of any real property (or any interest therein) for the\npurposes of any such project by the city or by the New York city transit\nauthority or any of its subsidiaries; (ii) to the subsequent transfer of\nany real property (or interest therein) so acquired to the authority or\nits designee for the purposes of such project or to the transfer to the\nauthority or its designee for such purposes of any real property (or\ninterest therein) then owned by the city or by the New York city transit\nauthority or any such subsidiary; nor (iii) to the transfer to the\nauthority or its designee for such purposes of the right of use,\noccupancy, control or possession of any real property (or interest\ntherein), whether presently owned or hereafter acquired by the city or\nby the New York city transit authority or any such subsidiary; provided\nin each such case, however, that if at the time of such proposed\nacquisition or transfer the real property which is the subject of such\nacquisition or transfer is not then being utilized for a transit or\ntransportation purpose or is not an insubstantial addition to such\nproperty contiguous thereto; (a) the authority proposing to acquire or\nreceive such property shall, unless a submission with respect to such\nproperty has previously been made and approved as herein provided,\nsubmit to the community board for the community district in which such\nproperty is located, data with respect to the proposed use of such\nproperty and to the design of any facility proposed to be constructed\nthereon; (b) such community board shall inform the board of estimate of\nthe city of New York, with copies to the city planning commission of the\ncity of New York and the proposing authority, of its views and\nrecommendations with respect thereto within forty-five days of such\nsubmission, and if the community board shall fail to so inform the board\nof estimate within such period it shall be deemed to have recommended\nthe proposal; and (c) the board of estimate shall, within forty-five\ndays of the recommendation of the community board, approve or disapprove\nsuch acquisition or transfer, and if the board of estimate shall fail to\nact within such period it shall be deemed to have approved the same.\n 2. After the transfer, transfer back, lease or sublease by the\nauthority of any such project or part thereof, actions for damages to\nreal or personal property or for the destruction thereof, or for\npersonal injuries or death, based upon the use, condition or state of\nsuch project or part thereof may not be instituted against the\nauthority, which shall have no liability or responsibility to the\ntransferee, lessee or sublessee or to third parties therefor.\n 3. If any property, real or personal (or any interest there
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.