No cause of action shall accrue against or shall be maintained against
the Town of Hurley, Ulster County, New York, its officers, agents or employees,
for damages or injuries to a person or property sustained in consequence of
any defective or out-of-repair Town property, or property under the direct
or indirect control of the Town, unless a written notice of defect was first
filed with the Town Clerk and there was a failure by the Town within a reasonable
time after the receipt of such written notice to repair or remove the defect,
or danger. The filing of a notice of defect shall be a condition precedent
to the filing or maintaining of an action or special proceeding against the
Town, its officers, agents or employees, for such damage or injury to person
or property, in addition to any other notice(s) required by law.
Town property, or property under direct or indirect control of the Town,
shall include but not be limited to street, highway, driveway, bridge, culvert,
sidewalk, crosswalk, or parts or appurtenances thereof. Defects and unsafe
or dangerous conditions referred to in this chapter include without limitation
the lack or absence of, failure to provide or failure to maintain signs, safety
devices, traffic control devices or snow and ice control.