N.Y. Railroad Law § 93: Repair of bridges and subways at crossings

§ 93. Repair of bridges and subways at crossings. When a highway

crosses a railroad by an overhead bridge, the framework of the bridge

and its abutments shall be maintained and kept in repair by the railroad

corporation, and the roadway thereover and the approaches thereto shall

be maintained and kept in repair by the municipality having jurisdiction

over and in which the same are situated unless such municipality shall

be a village of less than twelve hundred inhabitants, in which case the

town board of the town in which such village, roadway and approaches are

situated may, by resolution, vote to maintain and repair the same at the

expense of such town, notwithstanding any provision of law limiting or

providing the amount which such town board may levy and collect for such

purposes without the vote of a town meeting, but the property within

such village shall be subject to the levy and collection of the tax

imposed for such maintenance and repair; except that in the case of an

overhead bridge constructed prior to the first day of July, eighteen

hundred and ninety-seven, the roadway over and the approaches to which

the railroad corporation was under obligation to maintain and repair,

such obligation shall continue, provided the railroad corporation shall

have at least ten days' notice of any defect in the roadway thereover

and the approaches thereto, which notice must be given in writing by the

town superintendent of highways or other duly constituted authority, and

the railroad corporation shall not be liable by reason of any such

defect unless it shall have failed to make repairs within ten days after

the service of such notice upon it. When a highway passes under a

railroad, the bridge and its abutments shall be maintained and kept in

repair by the railroad corporation, and the subway and its approaches

shall be maintained and kept in repair by the municipality having

jurisdiction over and in which the same are situated, unless such

municipality shall be a village of less than twelve hundred inhabitants,

in which case the town board of the town in which such village, subway

and approaches are situated, may, by resolution, vote to maintain and

repair the same at the expense of such town, notwithstanding any

provision of law limiting or providing the amount which such town board

may levy and collect for such purposes without the vote of a town

meeting, but the property within such village shall be subject to the

levy and collection of the tax imposed for such maintenance and repair.

Where the roadway over a railroad, or the subway underneath the same, or

the approaches thereto have been improved by the state as a part of a

state or county highway, such roadway or subway, or approaches only, as

have been so improved shall thereafter be maintained and kept in repair

by the commissioner of transportation in the manner provided in the

highway law for the maintenance and repair of state and county highways.

When the roadway over or subway under a railroad and the approaches

thereto, for the maintenance of which a town or village is liable, shall

have been taken over for improvement by a county as a part of a county

road, such roadway or subway or approaches, for so long as the county

shall remain liable for the maintenance of such county road, shall be

maintained and kept in repair by the county superintendent of such

county as a part of such county road in the manner provided in the

highway law for the maintenance and repair of county roads, and out of

any funds provided for that purpose, but to the extent only to which the

town or village was liable under the provisions of the railroad law.

For the purposes of this section, railroad and railroad corporation

shall include the national railroad passenger corporation created

pursuant to subchapter II of chapter fourteen, forty-five United States

code (Amtrak) and the consolidated rail corporation created pursuant to

subchapter III of chapter sixteen, forty-five United States code

(Conrail).