[1]
Editor's Note: Chapter derived from L.L. No.
1-1972.
No civil action shall be maintained against
the City of Lackawanna for damages or injuries 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 written notice of the defective, unsafe, dangerous,
obstructed condition of such street, highway, bridge, culvert, sidewalk
or crosswalk is actually given to the Chief Engineer of the City of
Lackawanna and there is 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, or, in the absence of such notice but
no such action shall be maintained for damages or injuries to the
person 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 is actually given to the
Chief Engineer and there is 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 City of Lackawanna shall not be liable in
a civil action for damages or injuries to persons 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 City of Lackawanna, 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. Every action upon such claim shall be commenced pursuant
to the provision of § 50-i of the General Municipal Law.
