NY RR L § 93 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 93 - Repair of Bridges and Subways at Crossings.

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