Section 244. Liability of city in certain actions; commencement of actions  


Latest version.
  • 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 it appears that written
      notice of the defective, unsafe, dangerous, obstructed condition of such
      street, highway, bridge, culvert, sidewalk  or  crosswalk  was  actually
      given  to the commissioner of public works, and that 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, or,
      in the absence of such notice, unless it appears  that  such  defective,
      unsafe,  dangerous  or obstructed condition existed for so long a period
      that the same should have been discovered and remedied in  the  exercise
      of reasonable care and diligence. But no such action shall be maintained
      for damages or injuries to the person 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  public works 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. The city shall not be liable in a civil action
      for damages or injuries to persons 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  section
      fifty-e of the general municipal law. Every action upon such claim shall
      be  commenced  pursuant  to  the  provisions  of  section fifty-i of the
      general municipal law.