No civil action shall be maintained against the Town of Union Vale for
damages or injuries to persons or property caused by a defective, out-of-repair,
unsafe, dangerous or obstructed condition of any parking area, ball field,
swimming or wading pool or associated pool equipment, skating rink, riding
ring or trail, park property, highway garages, transfer station, land dedicated
to the Town for Highway Department or recreational use or cemeteries or monuments
owned or maintained by the Town, no matter where situated, unless:
A. A witness to such condition has actually served written notice upon the Town Clerk in accordance with §
169-2 hereof; and
B. The Town has failed or neglected to repair or remove
the condition within a reasonable time after receiving such notice.
Under no circumstances shall the Town of Union Vale be liable for injuries
or damages to persons or property due to the defective condition of the Town
property in the absence of such prior written notice to the Town of the existence
of the condition that caused the injury or damages.
This article is intended to be in derogation of the provisions of General
Municipal Law § 50-e, Subdivision 4, which limits the types of property
for which prior notice to the Town is required in order to maintain an action
against the Town for personal injury or for damage to property of the claimant
that is due to the condition of such Town property. The following properties
are added to those under § 50-e, Subdivision 4: parking areas, ball
fields, swimming or wading pools and associated pool equipment, skating rinks,
riding rings or trails, park properties, highway garages, transfer stations,
land dedicated to the Town for Highway Department or recreation use and cemeteries
and monuments owned or maintained by the Town, no matter where situated.