All legal or other papers required to be served
on the city shall be served as provided in § 311 of the
Civil Practice Law and Rules.
[Amended 1-24-1989 by L.L. No. 2-1989]
A. Damages due to defective highways; notice to city required. No civil action shall be maintained against the City of Glen Cove for damages or injuries to persons or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of, by the witness to, such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually served upon the City Clerk or Director of Public Works in accordance with Subsection
D herein, 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. Under no circumstances shall the City of Glen Cove be liable for damages sustained due to the defective conditions of city streets and highways in the absence of such prior written notice to the city of the existence of such condition.
B. Damages due to certain city property being defective; notice to city required. No civil action shall be maintained against the City of Glen Cove for damages or to persons or property sustained by reason of any defective parking field, garage, beach area, beach equipment, playground or playground equipment, ice rink or park property, swimming pool or golf course, no matter where situated, being unsafe, defective, out of repair, dangerous or obstructed unless written notice of, by the witness to, the condition of such parking field, garage, beach area, beach equipment playground or playground equipment, ice rink or park property, swimming pool or golf course, was actually served upon the City Clerk or Director of Public Works in accordance with Subsection
D herein, and there was a failure or neglect within a reasonable time after giving of such notice to repair or remove the defect, danger or obstruction complained of. Under no circumstances shall the City of Glen Cove be liable for injuries or damages to persons or property due to defective conditions of the aforesaid city property in the absence of such prior written notice to the city of the existence of the defective condition causing said injuries or damage.
C. Damages or injuries due to defective traffic signs, sidewalks, walkways, footpaths or bicycle paths; notice to city required. No civil action shall be maintained against the City of Glen Cove for injuries or damages to persons or property sustained by reason of any defect or obstruction whatsoever in its traffic signs, sidewalks, walkways, footpaths or bicycle paths, in consequence of the existence of snow or ice upon any of its traffic signs, sidewalks, walkways, footpaths or bicycle paths, no matter where situated, have been constructed, or are maintained by the City of Glen Cove pursuant to statute unless written notice of, by the witness to, said defect or obstruction causing the injuries or damages was actually served upon the City Clerk or Director of Public Works in accordance with Subsection
D herein, and there was a failure or neglect to cause the particular defect to be remedied or the obstruction of the snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
[Amended 1-23-1990 by L.L. No. 1-1990]
D. Method of service of written notice by witness; contents.
Service of written notice of any defect described in this section
shall be accomplished by personal service or service by registered
mail actually received by the city official specified herein. The
written notice must be made by the witness to the condition, defect
or obstruction specified. The written notice must identify with particularity
the specific nature and location of each condition, deface or obstruction
complained of.