2023 New York Laws › TWN - Town › Article 4 - Town Boards › 65-A - Liability of Towns and Town Superintendents of Highways in Certain Actions.

§  65-a.  Liability  of  towns and town superintendents of highways in
  certain actions. 1. No civil action shall be maintained against any town
  or town superintendent of highways 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  of
  such  highway, bridge or culvert was actually given to the town clerk or
  town superintendent of highways, 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 town clerk or town superintendent of highways 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.
2.  No  civil  action  shall  be  maintained  against any town or town
  superintendent of highways for damages or injuries to person or property
  sustained by reason of any defect in its sidewalks or in consequence  of
  the  existence  of  snow  or  ice upon any of its sidewalks, unless such
  sidewalks have been constructed or are maintained by  the  town  or  the
  superintendent  of  highways  of the town pursuant to statute, nor shall
  any action be maintained for damages or injuries to person  or  property
  sustained  by  reason of such defect or in consequence of such existence
  of snow or ice unless written notice thereof, specifying the  particular
  place,   was   actually   given  to  the  town  clerk  or  to  the  town
  superintendent of highways, and there was a failure or neglect to  cause
  such  defect  to be remedied, 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  town  superintendent of highways shall transmit in writing to
  the town clerk within ten days after the  receipt  thereof  all  written
  notices received by him pursuant to this section.
4.  The  town  clerk  of  each town shall keep an indexed record, in a
  separate book, of all written notices which  he  shall  receive  of  the
  existence  of  a defective, unsafe, dangerous or obstructed condition in
  or upon, or of an accumulation of ice or snow  upon  any  town  highway,
  bridge,  culvert  or  sidewalk,  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.