No civil action shall be maintained against the Town of Copake (hereinafter
referred to as the "town") or the Town Superintendent of Highways of the town
or against any improvement district in the town for damages or injuries to
person or property (including those arising from the operation of snowmobiles)
sustained by reason of any highway, bridge, culvert, highway marking, sign
or device or any other property owned, operated or maintained by the town
or any property owned, operated or maintained by any improvement district
therein being defective, out of repair, unsafe, dangerous or obstructed, unless
written notice of such defective, unsafe, dangerous or obstructed condition
of such highway, bridge, culvert, highway marking, sign or device or any other
property owned, operated or maintained by the town or any property owned,
operated or maintained by any improvement district was actually given to the
Town Clerk of the town or the Town Superintendent of Highways of the town
and 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; and 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, culvert or any other property owned by the town
or any property or by any improvement district in the town unless written
notice thereof, specifying the particular place, was actually given to the
Town Clerk of the town or the Town Superintendent of Highways of the town
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.
No civil action will be maintained against the town and/or the Town
Superintendent of Highways of the town for damages or injuries to person or
property sustained by reason of any defect in the sidewalks of the town 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 of the town or to the Town Superintendent of Highways
of the town 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.
The Town Superintendent of Highways of the town shall transmit, in writing,
to the Town Clerk of the town within 10 days after receipt thereof, all written
notices received by him pursuant to this law, and he shall take any and all
corrective action with respect thereto as soon as practicable.
The Town Clerk of the town shall keep an index record, in a separate
book, of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon or of
an accumulation of ice and snow upon any town highway, bridge, culvert or
a sidewalk or any other property owned by the town or by any improvement district
which record shall state the date of the 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 such notice shall be preserved for a period of five years from the date
it is received.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action but, on the contrary, shall be held to be additional
requirements to the rights to maintain such action; nor shall anything herein
contained be held to modify any existing rule of law relative to the question
of comparative negligence, nor to impose upon the town, its officers and employees
and/or any of its improvement districts any greater duty or obligations than
that it shall keep its streets, sidewalks and public places in a reasonable
safe condition for public use and travel.