N.Y. Second Class Cities Law § 244: Liability of city in certain actions; commencement of actions

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

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.