No civil action shall be maintained against
the Village of Tuxedo Park or Department of Public Works 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 written notice of such defective, unsafe, dangerous
or obstructed condition of such highway, bridge or culvert was actually
given to the Village Clerk or Public Works Superintendent and 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, and no such action shall be maintained for damages
or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge or culvert
unless written notice thereof, specifying the particular place, was
actually given to the Village Clerk or Public Works Superintendent
and there was a failure or neglect to cause such snow or ice to be
removed or to make the place otherwise reasonably safe within a reasonable
time after the receipt of such notice.
The Public Works Superintendent shall transmit
in writing to the Village Clerk, within five days after the receipt
thereof, all written notices received by him pursuant to this article
and § 6-628 of the Village Law. The Village Clerk shall
cause all written notices received by him or her pursuant to this
article and § 6-628 of the Village Law to be presented to
the Village Board within five days of the receipt thereof or at the
next succeeding Village Board meeting, whichever shall be sooner.
