§ 244. Liability of city in certain actions; commencement of actions.\nNo civil action shall be maintained against the city for damages or\ninjuries to person or property sustained in consequence of any street,\nhighway, bridge, culvert, sidewalk or crosswalk being defective, out of\nrepair, unsafe, dangerous or obstructed unless it appears that written\nnotice of the defective, unsafe, dangerous, obstructed condition of such\nstreet, highway, bridge, culvert, sidewalk or crosswalk was actually\ngiven to the commissioner of public works, and that there was a failure\nor neglect within a reasonable time after the giving of such notice to\nrepair, or remove the defect, danger or obstruction complained of, or,\nin the absence of such notice, unless it appears that such defective,\nunsafe, d
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§ 244. Liability of city in certain actions; commencement of actions.\nNo civil action shall be maintained against the city for damages or\ninjuries to person or property sustained in consequence of any street,\nhighway, bridge, culvert, sidewalk or crosswalk being defective, out of\nrepair, unsafe, dangerous or obstructed unless it appears that written\nnotice of the defective, unsafe, dangerous, obstructed condition of such\nstreet, highway, bridge, culvert, sidewalk or crosswalk was actually\ngiven to the commissioner of public works, and that there was a failure\nor neglect within a reasonable time after the giving of such notice to\nrepair, or remove the defect, danger or obstruction complained of, or,\nin the absence of such notice, unless it appears that such defective,\nunsafe, dangerous or obstructed condition existed for so long a period\nthat the same should have been discovered and remedied in the exercise\nof reasonable care and diligence. But no such action shall be maintained\nfor damages or injuries to the person sustained solely in consequence of\nthe existence of snow or ice upon any sidewalk, crosswalk or street,\nunless written notice thereof, relating to the particular place, was\nactually given to the commissioner of public works and there was a\nfailure or neglect to cause such snow or ice to be removed, or the place\notherwise made reasonably safe within a reasonable time after the\nreceipt of such notice. The city shall not be liable in a civil action\nfor damages or injuries to persons or property or invasion of personal\nor property rights, of any name or nature whatsoever, whether casual or\ncontinuing, arising at law or in equity, alleged to have been caused or\nsustained, in whole or in part, by or because of any omission of duty,\nwrongful act, fault, neglect, misfeasance or negligence on the part of\nthe city, or any of its agents, officers or employees, unless a notice\nof claim shall have been made and served in compliance with section\nfifty-e of the general municipal law. Every action upon such claim shall\nbe commenced pursuant to the provisions of section fifty-i of the\ngeneral municipal law.\n