Village of Red Hook, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Red Hook 3-3-1986 by L.L. No. 1-1986. Amendments noted where applicable.]

§ 135-1 Prior notification required.

[Amended 1-20-1999 by L.L. No. 1-1999]
No civil action shall be maintained against the Incorporated Village of Red Hook, New York, its agents, servants, employees, officers or other representatives for damages or injuries or other loss to persons or property sustained by reason of an alleged defect or condition in or of any highway, sidewalk, curbing, drains, bridge culvert, appurtenance or other property, real or personal, including but not limited to lack of or improper repair, maintenance, inspection, design or any alleged unsafe, dangerous, obstructed or other conditions or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert, unless:
A. 
Written notice of such alleged defect or defective, unsafe, dangerous obstruction or other condition, including the existence of snow or ice, shall have been received by the Clerk of the Village of Red Hook, New York, or the Highway Commissioner of the Village of Red Hook, New York, prior to the occurrence or other circumstance out of which any such claim for damage, injury or other loss is alleged to have arisen; and
B. 
Such alleged defect or condition shall, in fact, actually have existed or occurred; and
C. 
The Village of Red Hook, New York, its agents, servants, employees, officers or other representatives shall have negligently failed, within a reasonable time after the receipt by the Village Clerk or the Highway Commissioner of the Village of Red Hook, New York, of such prior notice to repair, remove, replace or otherwise correct said defect or condition.

§ 135-2 Record.

The Clerk of the Village of Red Hook, New York, shall receive all of such written prior notices and shall keep a separate indexed record of the receipt thereof, 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 each notice shall be permanently preserved.

§ 135-3 Claimant to prove receipt of prior notice by Clerk.

The receipt of such prior written notice by said Clerk or Highway Commissioner shall be pleaded and proven by any claimant.