It is the intent of this chapter to require a notice of defect to be
filed with the Town of New Windsor so that the Town of New Windsor may be
placed on actual notice of any dangerous conditions and therefore be more
capable of replacing and repairing Town of New Windsor property and protecting
the public from injury.
No civil action shall be maintained against the Town of New Windsor,
New York (hereinafter referred to as the "Town"), or the Highway Superintendent
of the Town or against any improvement district in the Town for damages or
injuries to person or property sustained by reason of any highway, bridge,
sidewalk, culvert, highway marking, sign or device or building or any other
property owned, operated or maintained by the Town or any property owned,
operated or maintained by any improvement district therein being defective,
out of repair, unsafe, dangerous or obstructed, unless written notice of such
defective, unsafe, dangerous or obstructed condition of such highway, bridge,
sidewalk, culvert, highway marking, sign or device or building or any other
property owned, operated or maintained by the Town or any property owned,
operated or maintained by any improvement district was delivered to the office
of the Supervisor of the Town or the Highway Superintendent of the Town prior
to said damage or injury and there was thereafter a failure or neglect within
a reasonable time to repair or remove the defect, danger or obstruction complained
of, and 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, sidewalk, culvert, driveway, parking lot or any
other property owned by any improvement district in the Town unless written
notice thereof, specifying the particular place, was delivered to the office
of the Supervisor of the Town or the Highway Superintendent of the Town prior
to said damage or injury 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 Highway Superintendent of the Town shall transmit, in writing, to
the Supervisor of the Town, within 10 days after receipt thereof, all written
notices of defects or dangerous or obstructed conditions received by him pursuant
to this chapter. The Highway Superintendent shall take any and all reasonable
corrective action with respect thereto, as soon as practicable, so as to repair
or correct the defect or dangerous or obstructed condition.
Nothing contained in this chapter shall be held to repeal or modify
or waive any existing requirement or statute of limitation but, on the contrary, the
provisions of this chapter shall be held to be additional requirements to
the rights to maintain such action, nor shall anything herein contained be
held to modify any existing rule of law relative to the question of contributory
negligence or to impose upon the Town, its officers and employees and/or any
of its improvement districts any greater duty or obligation than that it shall
keep its streets, sidewalks and public places in a reasonably safe condition
for public use and travel.