[HISTORY: Adopted by the Town Board of the Town of Marbletown 6-22-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
No civil action shall be maintained against the Town of Marbletown or
the Town Superintendent of Highways of the Town of Marbletown for damages
or injuries to person or property sustained in consequence of any street,
highway, bridge, culvert, park, recreational facility, sidewalk, crosswalk,
grating, opening, drain, sewer or any other property owned by the Town of
Marbletown being defective, out of repair, unsafe, dangerous or obstructed
unless, prior to the occurrence resulting in such damages or injuries, written
notice of the defective, unsafe, dangerous or obstructed condition of such
street, highway, bridge, culvert, park, recreational facility, sidewalk, crosswalk,
grating, opening, drain, sewer or other property owned by the Town of Marbletown,
relating to the particular place, shall have been filed with the office of
the Town Clerk of the Town of Marbletown and there was a failure or neglect
to repair, remedy or remove the defect, danger or obstruction within a reasonable
time after filing of such notice.
No civil action shall be maintained against the Town of Marbletown or
Town Superintendent of Highways of the Town of Marbletown for damages or injuries
to the person sustained in consequence of the existence of snow or ice upon
any sidewalk, crosswalk, park, recreational facility, street or other property
owned by the Town of Marbletown unless, previous to the occurrence resulting
in such damages or injuries, written notice of the existence of such snow
or ice, relating to the particular place, shall have been filed in the office
of the Town Clerk of the Town of Marbletown, and there was 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 filing of such notice.
The Town of Marbletown and the Town Superintendent of Highways of the
Town of Marbletown shall not be liable in any civil action for damages or
injuries to person 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,
malfeasance, or negligence on the part of the Town of Marbletown and the Town
Superintendent of Highways of the Town of Marbletown, or any of its agents,
officers or employees, unless a claim thereof, in writing, sworn to be or
on behalf of the claimant, setting forth the name and post office address
of each claimant and of his attorney, if any, the nature of the claim, the
time when, the place where and the manner in which said claim arose and the
items of damage or injuries claimed to have been sustained so far as then
practicable, shall be presented to the Town Board of the Town of Marbletown
within 90 days after the happening of the accident or injury or the occurrence
of the act, omission, fault or neglect out of which, or on account of which,
the claim arose, and served upon the Town Supervisor or Town Clerk or other
person, officer, agent, clerk, or employee designated by law as a person to
whom a summons in an action in the Supreme Court issued against such party
may be delivered, and unless an action shall be commenced thereon within one
year after the happening of such injury or accident, or the occurrence of
such act, omission, fault or neglect, but no action shall be commenced to
recover upon or enforce any such claim against the Town of Marbletown or Town
Superintendent of Highways of the Town of Marbletown until the expiration
of three months after the service of said notice of claim. Nothing contained
herein, however, shall be held to revive any claim or cause of action now
barred by any existing requirement or statute of limitations now applicable
to any claim or cause of action against the Town.
For the purpose of this chapter, the terms "street," "highway," "sidewalk,"
and "crosswalk" shall include every path, step or stairway and any other means
of access of any kind, nature and description whatsoever leading thereto or
therefrom, and which is owned, or controlled and maintained by the Town of
Marbletown.
The Town Clerk of the Town of Marbletown shall keep an indexed record,
in a separate book, of all written notices which he or she shall receive of
the existence of a defective, unsafe, dangerous or obstructed condition in
or upon, or of an accumulation of ice or snow upon any Town highway, street,
bridge, culvert, park, recreational facility, sidewalk, crosswalk, grating,
opening, drain, sewer or other property owned by the Town of Marbletown, which
records 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.. All such written notices shall be indexed according
to the location of the alleged defective, unsafe, dangerous or obstructed
condition, or the location of accumulated snow or ice. The record of each
notice shall be preserved for a period of five years after the date it is
received.
