Town of Chester, NY
Orange County
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[HISTORY: Adopted by the Town Board of the Town of Chester 12-5-1995 by L.L. No. 5-1995. Amendments noted where applicable.]
No action or special proceeding shall be maintained against the Town of Chester for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being out of repair, unsafe, dangerous or obstructed, or in consequence of the existence of snow or ice thereon, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice was actually given to the Town Clerk 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, or to cause the snow or ice to be removed or the place otherwise made reasonably safe.
The Town Clerk shall keep an indexed record, in a separate book, of all notices which he or she shall receive of the existence of such defective, unsafe, dangerous or obstructed condition, or of such snow or ice, 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.
Nothing herein contained shall be construed to relieve a claimant of the obligation to send a notice of claim as provided in § 50-e of the General Municipal Law.