No action or special proceeding shall be prosecuted or maintained against
the Village of Waverly, Village Superintendent of Streets, other officers,
agents, employees or appointees of the Village of Waverly for personal injury,
wrongful death or damage to real or personal property alleged to have been
sustained by reason of the negligence or wrongful act of such Village of Waverly
or the Village Superintendent of Streets, other officers, agents, employees
or appointees of the Village of Waverly for the defective, unsafe, out-of-repair,
dangerous or obstructed condition, including the existence of snow, ice, loose
gravel or other foreign substance thereon, of any village-owned, -leased or
otherwise controlled property of any kind, including but not limited to streets,
roads, highways, sidewalks, bridges, lands, culverts, sluices, street or traffic
control signs, poles, standards, gravel pits, driveways, buildings and other
structures, equipment, disposal sites, streams or bodies of water, drains,
parks, playgrounds, recreation areas, tennis courts, swimming pools, wading
pools, pavilions, water lines, sewer lines and utilities, either aboveground
or underground, unless written notice thereof was actually given to the Village
Clerk of the Village of Waverly or the Superintendent of Streets of the Village
of Waverly previously thereto and there was a failure or neglect within a
reasonable time after the giving of such notice to repair or remove such condition
complained of.
Such written notice shall contain the name and address of the person
giving such notice, date of existence and condition complained of.
The Village of Waverly Superintendent of Streets, other officers, agents,
employees or appointees of the Village of Waverly shall transmit, in writing,
to the Village Clerk of the Village of Waverly, within 10 days after the receipt
thereof, all written notices received by said Village Clerk pursuant thereto.
Recordkeeping requirements pertaining to such notices, including preservation
of the notices, shall be as set forth in § 4-402g of the Village
Law of the State of New York, and amended from time to time or other statutes
amendatory thereto.
Nothing herein shall be construed as enlarging in any way the liability
of the Village of Waverly, Village Superintendent of Streets, other officers,
agents, employees or appointees of the Village of Waverly.
Nothing herein shall be deemed in any way to alter or amend the time
limitations nor service requirements of §§ 50-e through 50-i
of the General Municipal Law of the State of New York as the same now exist
or may be hereafter amended.