N.Y. Highway Law § 58: Liability of state for damages

§ 58. Liability of state for damages. The state shall not be liable

for damages suffered by any person from defects in state highways,

except between the first day of May and the fifteenth day of November on

such highways as are maintained by the state under such system as the

commissioner of transportation may adopt pursuant to section twelve, but

the liability for such damages shall otherwise remain as now provided by

law, notwithstanding the construction or improvement and maintenance of

such highways by the state under this chapter; but nothing herein

contained shall be construed to impose on the state any liability for

defects in bridges over which the state has no control. Within the

limits of incorporated villages the state shall maintain a width of

pavement equal to the width of pavement constructed or improved at the

expense of the state, if a state highway, the location of the state's

portion of such roadway within said incorporated limits to be determined

by the center line of the roadway as shown on the plans on file with the

department of transportation and the state shall be liable for damages

to persons or property only when such damage shall occur as a result of

the defective condition of the portion of improved highway as above

described.