N.Y. General Municipal Law § 71-b: Operation of snowmobiles

§ 71-b. Operation of snowmobiles. 1. With respect to injuries arising

from the operation of snowmobiles, no civil action shall be maintained

against any municipal corporation or an officer thereof in charge of

highway supervision and maintenance, for damages or injuries to person

or property sustained by reason of any highway, bridge or culvert being

defective, out of repair, unsafe, dangerous, or obstructed, unless prior

written notice of such defective, unsafe, dangerous or obstructed

condition on such highway, bridge or culvert was actually given to the

municipal agent, officer, or employee authorized by section three

hundred eleven of the civil practice law and rules to receive service or

to the chief municipal officer in charge of highway supervision and

maintenance, and there was a failure or neglect within a reasonable time

thereafter to repair or remove the defect, danger or obstruction

complained of, or, in the absence of such notice, such defective,

unsafe, dangerous or obstructed condition existed for so long a period

of time that the same could have been discovered and remedied in the

exercise of reasonable care and diligence, conditions resulting from the

removal or non-removal of snow and/or ice shall not constitute a defect

until seventy-two hours after written notice has been served on a

municipal corporation as provided herein. No such action shall be

maintained for damages or injuries to person or property sustained

solely due to conditions caused by snow and/or ice removal, or the

non-removal thereof from highways designated pursuant to section 8-0303

of the conservation law.

2. The municipal officer in charge of highway supervision and

maintenance and any other municipal agent, officer or employee

designated to receive service of process shall transmit in writing to

the clerk of the municipal body involved within twenty-four hours or as

soon as practical after the receipt thereof, all written notices

received by him pursuant to this section.

3. The clerk of each municipal body shall keep an indexed record of

all written notices which he shall receive of the existence of a

defective, unsafe, dangerous or obstructed condition in or upon, or of a

hazardous condition caused by snow and/or ice removal, or the

non-removal thereof from highways designated pursuant to section 8-0303

of the conservation law, which notice shall state the date of receipt

thereof, and the name and address of the person from whom the notice was

received. The record of each notice shall be preserved for a period of

five years after the date received.