No civil action shall be maintained against the Town of Niskayuna or
the Town of Niskayuna Superintendent of Highways or any other officer, agent,
employee or appointee of the Town of Niskayuna for damages or injuries to
person or property sustained by reason of any property owned, operated, maintained
or controlled by the Town of Niskayuna being defective, out of repair, unsafe,
dangerous, obstructed or having accumulated any snow or ice unless written
notice of such defective, unsafe, dangerous or obstructed condition of such
property was actually given to the Town Clerk or the Town Superintendent of
Highways 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.
The property referred to in §
144-1 shall include any street, highway, bridge, culvert, sidewalk or crosswalk owned, operated, maintained, controlled or leased by the Town of Niskayuna, its officers, appointees, employees or agents, and shall include, but shall not be limited to, roadways, sluices, walkways, footpaths, bike paths, driveways, and parking lots. The examples enumerated are illustrative and not exclusive.
The written notice required by this chapter shall contain the full name
and address of the person giving such notice, the specific location of the
condition complained of and the nature of the condition complained of.
The Town Superintendent of Highways shall transmit, in writing, to the
Town Clerk, within 10 days after the receipt thereof, all written notices
received by him pursuant to this chapter.
The Town Clerk shall keep an indexed record, in a separate book, of
all written notices of any such condition of such Town property, which record
shall be indexed according to the location of the alleged condition and shall
show the date of receipt of each notice, the nature and location of the condition
complained of and the name and address of the person from whom notice was
received. The record of each notice shall be preserved for a period of five
years.
This chapter shall, in its application to the Town of Niskayuna, supersede
§ 65-a of the Town Law.