City of Troy, NY Liability

No civil action shall be maintained against the City and the City shall not be liable for damages or injuries to person or property sustained in any way or manner in consequence of:

Any street, part or portion of any street, including the curb thereof and any encumbrance thereon or attachments thereto, tree, bench, fence, hydrant, bridge, viaduct, underpass, culvert, parkway or park approach, crosswalk or sidewalk and any encumbrance thereon or attachments thereto, pedestrian walk or path, approach, ramp, stairway, stairlanding, garages and accessways thereto and therefrom, or any public place being out of repair, detective, damaged, unsafe, inadequate, dangerous, unilluminated or obstructed, or the existence of snow or ice upon any street, highway, bridge, viaduct, underpass, culvert, sidewalk, crosswalk, pedestrian walk or path, approach, ramp, stairway, stairlanding, seawall, bulkhead, dock, public parking area, public parking garage and accessways thereto and therefrom, or any public place, unless written notice thereof relating to the particular place and condition was actually given to the City Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remedy the condition, or to cause such snow or ice to be removed, or to make the place or thing otherwise reasonably safe; and

Any traffic-control light, signal, device or sign being out of repair, defective, removed or not operating, not in place, unsafe, dangerous or obstructed, unless written notice thereof relating to the particular place and condition was actually given to the City Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remedy the condition or to cause such snow or ice to be removed, or to make the place or thing otherwise reasonably safe; and

Any park, playground, play area, recreation area, ball field, running tract, race course, ice skating facility, swimming or wading pool, locker room, golf course, ski course or slope, sledding or tobogganing area, bench, swing, slide, climbing apparatus, diving board or tower, teeter-totter, or other playground or recreational device, machine or equipment owned by the City, being out of repair, defective, unsafe, dangerous, damaged, inadequate, unilluminated or obstructed, unless written notice relating to the particular place, thing and condition was actually given to the City Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remedy the condition or to make the place or thing otherwise reasonably safe; and

Any automobile, truck, fire vehicle, fire apparatus, rescue vehicle, motorcycle, or other motor vehicle, including all accessories and equipment attached thereto, motorized equipment, hydraulic equipment, generator, trailer, mower, hoist, lift, air hammer, construction equipment, demolition equipment, ladder, tool, barricade, illuminated warning device or flare, owned by the City, being out of repair, defective, damaged, unsafe, inadequate dangerous, removed or not operating, not in place or obstructed, unless written notice relating to the particular item, thing and condition was actually given to the City Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remedy the condition or to make the thing, item or place otherwise reasonably safe.

No action shall be brought upon any claim against the City and the City shall not be liable for damages or injuries to person or property alleged to have been caused by or founded upon the misfeasance, negligence or tort of the City, or any of its officers, appointees or employees, unless a written notice of such claim sworn to by or in behalf of the claimant, setting forth the particulars of the place, time, injuries then practicable, shall have been made and served (in compliance with) such notice provisions of § 50-e of the General Municipal Law. Nothing contained in this section shall be held to repeal or modify or waive any existing requirement or statute or limitations which is applicable to these classes of actions, but, on the contrary, shall be held to be additional requirements to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence or assumption of risk, nor to impose upon the City any greater duty or obligation than that it keep its streets and public places and buildings in reasonably safe condition for public use and travel. Except as otherwise provided by law, the place of trial of all actions or proceedings against the City or any of its officers, appointees, employees, boards, or departments shall be the County of Rensselaer.