N.Y. ENV Law § 71-2109
Emergencies excepted
§ 71-2109. Emergencies excepted.
The civil liabilities which shall be imposed pursuant to the
provisions of this title upon persons violating the provisions of any
code, rule or regulation shall not be so construed as to include any
violation which was caused by an act of God, war, strike, riot,
catastrophe or other condition as to which negligence or willful
misconduct on the part of such person was not the proximate cause.