N.Y. RRD Law § 93 — New York Code / Act RRD / Article 3 / Section 93
Repair of bridges and subways at crossings
Status: in_force

§ 93. Repair of bridges and subways at crossings. When a highway\ncrosses a railroad by an overhead bridge, the framework of the bridge\nand its abutments shall be maintained and kept in repair by the railroad\ncorporation, and the roadway thereover and the approaches thereto shall\nbe maintained and kept in repair by the municipality having jurisdiction\nover and in which the same are situated unless such municipality shall\nbe a village of less than twelve hundred inhabitants, in which case the\ntown board of the town in which such village, roadway and approaches are\nsituated may, by resolution, vote to maintain and repair the same at the\nexpense of such town, notwithstanding any provision of law limiting or\nproviding the amount which such town board may levy and collect for such\npurposes without the vote of a town meeting, but the property within\nsuch village shall be subject to the levy and collection of the tax\nimposed for such maintenance and repair; except that in the case of an\noverhead bridge constructed prior to the first day of July, eighteen\nhundred and ninety-seven, the roadway over and the approaches to which\nthe railroad corporation was under obligation to maintain and repair,\nsuch obligation shall continue, provided the railroad corporation shall\nhave at least ten days' notice of any defect in the roadway thereover\nand the approaches thereto, which notice must be given in writing by the\ntown superintendent of highways or other duly constituted authority, and\nthe railroad corporation shall not be liable by reason of any such\ndefect unless it shall have failed to make repairs within ten days after\nthe service of such notice upon it. When a highway passes under a\nrailroad, the bridge and its abutments shall be maintained and kept in\nrepair by the railroad corporation, and the subway and its approaches\nshall be maintained and kept in repair by the municipality having\njurisdiction over and in which the same are situated, unless such\nmunicipality shall be a village of less than twelve hundred inhabitants,\nin which case the town board of the town in which such village, subway\nand approaches are situated, may, by resolution, vote to maintain and\nrepair the same at the expense of such town, notwithstanding any\nprovision of law limiting or providing the amount which such town board\nmay levy and collect for such purposes without the vote of a town\nmeeting, but the property within such village shall be subject to the\nlevy and collection of the tax imposed for such maintenance and repair.\nWhere the roadway over a railroad, or the subway underneath the same, or\nthe approaches thereto have been improved by the state as a part of a\nstate or county highway, such roadway or subway, or approaches only, as\nhave been so improved shall thereafter be maintained and kept in repair\nby the commissioner of transportation in the manner provided in the\nhighway law for the maintenance and repair of state and county highways.\n  When the roadway over or subway under a railroad and the approaches\nthereto, for the maintenance of which a town or village is liable, shall\nhave been taken over for improvement by a county as a part of a county\nroad, such roadway or subway or approaches, for so long as the county\nshall remain liable for the maintenance of such county road, shall be\nmaintained and kept in repair by the county superintendent of such\ncounty as a part of such county road in the manner provided in the\nhighway law for the maintenance and repair of county roads, and out of\nany funds provided for that purpose, but to the extent only to which the\ntown or village was liable under the provisions of the railroad law.\n  For the purposes of this section, railroad and railroad corporation\nshall include the national railroad passenger corporation created\npursuant to subchapter II of chapter fourteen, forty-five United States\ncode (Amtrak) and the consolidated rail corporation created pursuant to\nsubchapter III of chapter sixteen, forty-five United States code\n(Conrail).\n