A. 
No civil action or special proceeding shall be maintained against the Town of Mamakating, the Town Board of the Town of Mamakating or any members thereof, the Superintendent of Highways of the Town of Mamakating, any improvement district in the Town and/or any officers, agents, servants, appointees or employees of the Town of Mamakating for damages or injury to persons or property or for the death of a person sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, dangerous, out of repair, unsafe or in an obstructed condition, including injuries sustained solely in consequence of the existence of snow or ice upon such street, highway, bridge, culvert, sidewalk or crosswalk, or any other property owned by and/or in direct or indirect control of the Town of Mamakating and/or any improvement district unless prior written notice of such defective, dangerous, out-of-repair, unsafe or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk or any property owned by, or in the direct or indirect control of, the Town of Mamakating and/or any improvement district was actually served upon the Town Clerk of the Town of Mamakating in accordance with § 162-2 hereof and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger, out-of-repair or unsafe condition or obstruction complained of or cause such snow or ice to be removed or make the place otherwise reasonably safe.
B. 
Under no circumstances shall the Town of Mamakating, or any improvement district of the Town, be liable for damage caused to persons or property due to the defective, dangerous, out-of-repair, unsafe or obstructed condition of such street, highway, bridge, culvert, sidewalk or crosswalk and/or other property owned by and/or in direct or indirect control of the Town of Mamakating and/or improvement district in the absence of such prior written notice of the existence of such condition.
Service of written notice of any defect, danger, out-of-repair or unsafe condition or obstruction described hereinabove shall be accomplished by personal service upon or service by registered or certified mail actually received by the Town Clerk of the Town of Mamakating. The written notice must be made by the witness to the defect, danger, out-of-repair or unsafe condition or obstruction referred to hereinabove. The writing must state that it is a notice of defect, include the name and address of the complainant, and identify, with particularity, the specific nature and exact location of each condition, defect, danger or obstruction complained of and be signed by complainant and be verified.
The Town Clerk of the Town of Mamakating shall present all notices referred to hereinabove received by said Town Clerk to the Town Board of the Town of Mamakating within five days of actual receipt thereof or at the next succeeding Town Board meeting, whichever is sooner.
Any claim based upon any street, highway, bridge, culvert, sidewalk or crosswalk or any other property owned by and/or in direct or indirect control of the Town and/or any improvement district being defective, dangerous, out of repair, unsafe or obstructed, as set forth above, shall be made and served in compliance with § 50-e of the General Municipal Law.
Every civil action or special proceeding referred to hereinabove shall be commenced pursuant to and in compliance with the provisions of § 50-i of the General Municipal Law.
A. 
This article shall not create new or additional liability for the Town and/or any improvement district where there was no specific existing duty on the part of the Town or any improvement district to repair or replace the defective or dangerous condition.
B. 
No claim shall be presented, nor any action maintained against the Town or any improvement district, its officers, agents or employees for damages or injuries resulting from a defective or dangerous condition for which a notice of defect has been filed where the Town Board has determined the remedy or action appropriate to cure such defective or dangerous condition, unless such determination is without rational basis or is grossly negligent or unless the remedy or action specified in such determination has been implemented within a reasonable amount of time. Nothing in this article shall be deemed to preclude the Town Board from making a determination that no remedial or corrective action is either necessary, appropriate or justified for a condition for which a notice of defect has been filed.