§ 65-A — Liability of towns and town superintendents of highways in certain actions

New York § 65-A

• Jurisdiction: New York
• Law TWN: Town
• Art. 4: Town Boards

Text

§ 65-a. Liability of towns and town superintendents of highways in\ncertain actions. 1. No civil action shall be maintained against any town\nor town superintendent of highways for damages or injuries to person or\nproperty sustained by reason of any highway, bridge or culvert being\ndefective, out of repair, unsafe, dangerous or obstructed unless written\nnotice of such defective, unsafe, dangerous or obstructed condition of\nsuch highway, bridge or culvert was actually given to the town clerk or\ntown superintendent of highways, and that there was a failure or neglect\nwithin a reasonable time after the giving of such notice to repair or\nremove the defect, danger or obstruction complained of, or, in the\nabsence of such notice, unless such defective, unsafe, dangerous or\nobstructed condition existed for so long a period that the same should\nhave been discovered and remedied in the exercise of reasonable care and\ndiligence; but no such action shall be maintained for damages or\ninjuries to person or property sustained solely in consequence of the\nexistence of snow or ice upon any highway, bridge or culvert, unless\nwritten notice thereof, specifying the particular place, was actually\ngiven to the town clerk or town superintendent of highways and there was\na failure or neglect to cause such snow or ice to be removed, or to make\nthe place otherwise reasonably safe within a reasonable time after the\nreceipt of such notice.\n 2. No civil action shall be maintained against any town or town\nsuperintendent of highways for damages or injuries to person or property\nsustained by reason of any defect in its sidewalks or in consequence of\nthe existence of snow or ice upon any of its sidewalks, unless such\nsidewalks have been constructed or are maintained by the town or the\nsuperintendent of highways of the town pursuant to statute, nor shall\nany action be maintained for damages or injuries to person or property\nsustained by reason of such defect or in consequence of such existence\nof snow or ice unless written notice thereof, specifying the particular\nplace, was actually given to the town clerk or to the town\nsuperintendent of highways, and there was a failure or neglect to cause\nsuch defect to be remedied, such snow or ice to be removed, or to make\nthe place otherwise reasonably safe within a reasonable time after the\nreceipt of such notice.\n 3. The town superintendent of highways shall transmit in writing to\nthe town clerk within ten days after the receipt thereof all written\nnotices received by him pursuant to this section.\n 4. The town clerk of each town shall keep an indexed record, in a\nseparate book, of all written notices which he shall receive of the\nexistence of a defective, unsafe, dangerous or obstructed condition in\nor upon, or of an accumulation of ice or snow upon any town highway,\nbridge, culvert or sidewalk, which record shall state the date of\nreceipt of the notice, the nature and location of the condition stated\nto exist, and the name and address of the person from whom the notice is\nreceived. All such written notices shall be indexed according to the\nlocation of the alleged defective, unsafe, dangerous or obstructed\ncondition, or the location of accumulated snow or ice. The record of\neach notice shall be preserved for a period of five years after the date\nit is received.\n