[HISTORY: Adopted by the Floral Park Village
Board 9-7-1993 by L.L. No. 2-1993. Amendments noted where applicable.]
Pursuant to the authorization of the Municipal
Home Rule Law, § 6-628 of the Village Law as it applies
to the Incorporated Village of Floral Park, New York, is hereby amended
and superseded to read as follows:
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§ 6-628. Liability of village
in certain actions.
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No civil action shall be brought
or maintained against the Incorporated Village of Floral Park, New
York, for damages or injuries to person or property sustained in consequence
of any street, highway, bridge, culvert, sidewalk, crosswalk, parking
field, park, playground or playground equipment, swimming or wading
pool or pool equipment, skating rink, traffic sign or any other property
owned, operated or maintained by the Incorporated Village of Floral
Park being defective, out of repair, unsafe, dangerous or obstructed
or in consequence of the existence of snow or ice upon any street,
highway, bridge, culvert, sidewalk, parking field, park, playground,
traffic signal or any other property owned, operated or maintained
by the Incorporated Village of Floral Park unless written notice of
the existence of such condition relating to the particular place had,
prior to the happening of the event causing such damage or injuries
to persons or property, actually been served upon the Village Clerk,
by personal delivery or by certified or registered mail addressed
to the Village Clerk, and there had been a failure or neglect on the
part of the Incorporated Village of Floral Park to cause such condition
to be corrected or such snow or ice to be removed or the place otherwise
made reasonably safe within a reasonable time after the receipt of
such notice. Under no circumstances shall the Incorporated Village
of Floral Park be liable for injury or damages to person or property
due to defective conditions of the aforesaid village property or the
existence of ice or snow thereon in the absence of prior written notice
to the village of the defective condition.
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Pursuant to the authorization of the Municipal
Home Rule Law, § 50-e, Subdivision 4, of the General Municipal
Law is hereby amended and superseded to read as follows:
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4.
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Requirements of section exclusive except as to conditions precedent to liability for defects identified in § 57-1 of the Code of the Incorporated Village of Floral Park. No other or further notice, no other or further service, filing or delivery of the notice of claim and no notice of intention to commence an action or special proceeding shall be required as a condition to the commencement of an action or special proceeding for the enforcement of the claim; provided, however, that nothing herein contained shall be deemed to dispense with a requirement of notice as set forth in § 57-1 of the Code of the Incorporated Village of Floral Park for the conditions listed therein, where such notice now is, or hereafter may be, required by law as a condition precedent to liability for damages or injuries to persons or properties alleged to have been caused by such condition and the failure or negligence to repair or remove the same after the receipt of such notice.
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Nothing herein contained, however, shall be
held to revive any claim or cause of action 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 Incorporated
Village of Floral Park, New York.
This local law shall take effect immediately.
