No civil action or special proceeding shall be prosecuted or
maintained against the County of Saratoga for damages or injuries
to person or property sustained by reason of any highway, bridge,
culvert or sidewalk being defective, out of repair, unsafe, dangerous
or obstructed unless written notice of such defective, out of repair,
unsafe, dangerous or obstructed condition was actually given to the
Clerk of the Saratoga County Board of Supervisors or the Saratoga
County Commissioner of Public Works 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. No such
action shall be maintained for damages or injuries to person or property
sustained solely in consequence of the existence of snow or ice upon
any highway, bridge, culvert or sidewalk unless written notice thereof,
specifying the particular place, was actually given to the Clerk of
the Board of Supervisors or the County Commissioner of Public Works
and there was a failure or neglect to cause such snow or ice to be
removed or to make the place otherwise reasonably safe within a reasonable
time after the receipt of such notice.
The County Commissioner of Public Works shall transmit in writing to the Clerk of the Saratoga County Board of Supervisors within 10 days after the receipt thereof all written notices received by him pursuant to §
296-2 of this article.
The Clerk of the Board of Supervisors of Saratoga County shall
keep an indexed record, in a separate book, of all written notices
which said Clerk shall receive pursuant to this article of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon,
or of an accumulation of ice or snow upon, any County highway, bridge
or culvert, which record shall state the date of receipt of the notice,
the nature and location of the condition stated to exist, and the
name and address of the person from whom the notice is received. The
record of such notice shall be preserved for a period of five years
after the date it is received.
Any claim, including a claim specified in § 139 of
the Highway Law, which may be made against the County for damages
for wrong or injury to person or property or for the death of a person
shall be made and served in compliance with § 50-e of the
General Municipal Law.
Every action upon such claim shall be commenced pursuant to
the provisions of § 50-i of the General Municipal Law.