No civil actions shall be maintained against the town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of any highway, bridge, street, sidewalk, crosswalk or culvert being defective,
out of repair, unsafe, dangerous or obstructed unless written notice of such
defective, unsafe, dangerous or obstructed condition of such highway, bridge,
street, sidewalk, crosswalk or culvert was actually given to the Town Clerk
or Town Superintendent of Highways and there was a failure or neglect within
a reasonable time after giving 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 person or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, street, sidewalk,
crosswalk or culvert unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or Town Superintendent of Highways
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 Town Superintendent of Highways shall transmit, in writing, to the
Town Clerk, within five days after the receipt thereof, all written notices
pursuant to this chapter and Subdivision 2 of § 65-a of the Town
Law. The Town Clerk shall cause all written notices received pursuant to this
chapter and Subdivision 2 of § 65-a of the Town Law to be presented
to the Town Board within five days of the receipt thereof or at the next succeeding
Town Board meeting, whichever shall be sooner.
This chapter shall supersede in its application to the Town of Wallkill
Subdivisions 1 and 3 of § 65-a of the Town Law and Local Law No.
6 of the year 1975.