[Added 6-14-1993 by L.L. No. 1-1993]
No civil action shall be maintained against
the Village for damage or injury 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, unless,
prior to the occurrence resulting in such damage or injury, written
notice of the defective, unsafe, dangerous or obstructed condition
of said street, highway, bridge, culvert, sidewalk, or crosswalk,
was actually given to the Village Clerk-Treasurer, and unless there
was a failure or neglect within a reasonable time after the giving
of such written notice, to repair or remove the defect, danger or
obstruction complained of. No such action shall be maintained for
damage or injury to person or property sustained solely in consequence
of the existence of snow or ice upon any sidewalk, crosswalk or street,
unless written notice thereof relating to the particular place and
condition was actually given to the Village, and there was a failure
or neglect to cause such snow or ice to be removed or the place otherwise
made reasonably safe within a reasonable time after the receipt of
such notice.
The Village shall not be liable in a civil action
for damage or injury to person or property, or invasion of personal
or property rights of any name or nature whatsoever, whether casual
or continuing, arising at law or in equity, alleged to have been caused
or sustained in whole or in part by, or because of any omission of
duty, wrongful act, fault, neglect, misfeasance, or negligence on
the part of the Village or any of its agents, officers, or employees,
unless a notice of claim shall have been made and served in compliance
with § 50-e of the General Municipal Law, or unless an action
shall be commenced thereon within one year after the happening of
the event upon which the claim is based; but no action shall be commenced
to recover upon or enforce any such claim against the Village until
the expiration of three months after the service of such notice. Nothing
herein contained, however, shall be held to revive any claim or cause
of action now barred by any existing requirement of statute of limitations
nor to waive any existing limitation now applicable to any claim or
cause of action against the Village.
