[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. I, Art. VIII, of the 1983 Code. Amendments noted where applicable.]
No civil action shall be maintained against the City for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed unless, previous to the occurrence resulting in such damages or injury, written notice of the defective, unsafe, dangerous or obstructed condition of said street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the Commissioner of General Services and there was a failure or neglect within a reasonable time after the receipt 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 the person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless written notice thereof, relating to the particular place, was actually given to the Commissioner of General Services 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 receipt of such notice.
[Amended 9-16-2019 by L.L. No. 4-2019]
The City shall not be liable in a 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, misfeasance or negligence on the part of the City or any of its agents, officers or employees unless a notice of claim shall have been made and served in compliance with § 50-e of the General Municipal Law nor unless an action shall be commenced thereon within one (1) year after the happening of such accident or injury 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 City until the expiration of three (3) months after the service of said notice. Nothing herein contained, however, shall be held to revive any claim or cause now barred by any existing requirement or statute of limitations nor to waive any existing limitation now applicable to any claim or cause of action against the City.
Where a claim has been filed against the City or any of its servants, agents, employees, boards or representatives for any cause whatsoever demanding payment of a sum of money, the Comptroller of the City of Albany by the service of a notice on the claimant, either personally or by registered or certified mail, may require said claimant to appear and be examined in connection with such claim and, when so sworn, to answer as to any facts relating to the justness of such claim and as to all facts and circumstances surrounding the occurrence or happening upon which the claim is based, including the extent and nature of the damages or injuries for which the claim is made.
No action shall be commenced against the City or its servants, agents, employees, boards or representatives unless the claimant has duly complied with the request for examination by the Comptroller as herein set forth, and failure to comply shall be deemed a complete and valid defense to any action.