NY Hwy L § 139 (2021)
2021 New York Laws HAY - Highway Article 6 - County Roads 139 - County Liable for Injuries Caused by Defective Highways and Bridges.

§  139.  County  liable  for injuries caused by defective highways and   bridges. 1. When,  by  law,  a  county  has  charge  of  the  repair  or   maintenance  of  a road, highway, bridge or culvert, the county shall be   liable for injuries  to  person  or  property  and  for  wrongful  death   sustained  in consequence of such road, highway, bridge or culvert being   defective, out of  repair,  unsafe,  dangerous  or  obstructed  existing   because  of  the  negligence  of  the  county,  its  officers, agents or   servants. A civil action may be maintained against the county to recover   damages for any such injury or death; but the county shall not be liable   in such action unless a notice of claim shall have been made and  served   in  compliance  with  section  fifty-e of the general municipal law, and   unless the action is commenced in compliance  with  the  conditions  set   forth in section fifty-i of the general municipal law.2.  Notwithstanding the provisions of subdivision one of this section,   a county may, by local law duly enacted, provide that  no  civil  action   shall  be  maintained  against  such  county  for damages or injuries to   person or property sustained by reason of any highway, bridge or culvert   being defective, out of repair, unsafe, dangerous or  obstructed  unless   written  notice  of  such  defective,  unsafe,  dangerous  or obstructed   condition was actually given to the clerk of the governing body of  such   county  or  the  county  highway  superintendent;  and  that there was a   failure or neglect within a reasonable time after  the  giving  of  such   notice  to repair or remove the defect, danger or obstruction complained   of, or, in the absence of such notice, unless  such  defective,  unsafe,   dangerous  or obstructed condition existed for so long a period that the   same should have  been  discovered  and  remedied  in  the  exercise  of   reasonable  care  and  diligence; but no such action shall be maintained   for damages or injuries  to  person  or  property  sustained  solely  in   consequence  of the existence of snow or ice upon any highway, bridge or   culvert, unless written notice thereof, specifying the particular place,   was actually given to the clerk of the governing body  of  a  county  or   county  highway  superintendent  and  there  was a failure or neglect to   cause such snow or ice to be removed, or to  make  the  place  otherwise   reasonably  safe  within  a  reasonable  time  after the receipt of such   notice.3. The county highway superintendent shall transmit in writing to  the   clerk  of  the  governing  body  of the county within ten days after the   receipt thereof all written notices received by him pursuant to a  local   law enacted pursuant to this section.4.  The  clerk  of  the  governing  body  of each county shall keep an   indexed record, in a separate book, of all  written  notices,  which  he   shall  receive  pursuant  to  such  local  law  of  the  existence  of a   defective, unsafe, dangerous or obstructed condition in or upon,  or  of   an  accumulation  of  ice  or  snow  upon  any county highway, bridge or   culvert, which record shall state the date of receipt of the notice, the   nature and location of the condition stated to exist, and the  name  and   address of the person from whom the notice is received. All such written   notices  shall  be  indexed  according  to  the  location of the alleged   defective, unsafe, dangerous or obstructed condition, or the location of   accumulated snow or ice. The record of each notice  shall  be  preserved   for a period of five years after the date it is received.