[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 8-4-1958
as L.L. No. 1-1958. Amendments noted where applicable.]
Section 6-628 of the Village Law of the State of New York is hereby
amended to read and provide as follows:
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§ 6-628. Liability of village in certain actions. No civil action
shall be maintained against the village for damages or injuries to person
or property sustained in consequence of any street, highway, bridge, culvert,
sidewalk or crosswalk being defective, out of repair, unsafe, dangerous
or obstructed or for damages or injuries to person or property sustained solely
in consequence of the existence of snow or ice upon any sidewalk, crosswalk,
street, highway, bridge or culvert, unless written notice of the defective,
unsafe, dangerous or obstructed condition or of the existence of the snow
or ice, relating to the particular place, was actually given to the Village
Clerk 30 days prior to the date when any cause of action arose against the
said village by reason of the foregoing conditions, and there was a failure
or neglect within a reasonable time after the receipt of such notice to repair
or remove the defect, danger or obstruction complained of or to cause the
snow or ice to be removed or the place otherwise made reasonably safe. Further,
the village shall not be liable for damages or injuries to person or property
by reason of the foregoing conditions unless a claim meeting the requirements
of § 50-e of the General Municipal Law shall, within 30 days after
happening of the accident or injury or occurrence of the act, omission, fault
or neglect out of which or on account of which the claim arose, be served
upon the Village Clerk and notice of intention to commence an action thereon
be served upon the Village Attorney.
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