[HISTORY: Adopted by the Board of Trustees
of the Village of Cooperstown 7-14-1986 by L.L. No. 4-1986 (§ 7.2 of
the 1972 Ordinances). Amendments noted where applicable.]
No civil action shall be maintained against
the Village of Cooperstown for damages or injuries sustained by any
person in consequence of any street, bridge, highway, culvert, sidewalk
or crosswalk in said Village being defective, out of repair, unsafe,
dangerous or obstructed by reason of snow or ice thereon or otherwise
being defective, out of repair, unsafe, dangerous or obstructed in
any other way or manner, unless it shall be made to appear that written
notice relating to the defective, unsafe, dangerous or obstructed
condition was actually given to the Village Clerk or the Village Mayor
of said Village at least 24 hours before such damage or injury and
that there was a failure or neglect within a reasonable time after
the receipt of such notice to repair or remove the defect, danger
or obstruction complained of.
A.
The Village shall not be liable in a civil action
for damages or injuries to person or property, or the 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
of the Village, or any of its agents, officers or employees, unless
a claim therefor shall be presented to the Board of Trustees in such
form and at such time as from time to time is required by the applicable
law of the State of New York, and in the absence of such law, all
said claims shall be presented within 90 days after the occurrence
giving rise to the claim and shall be in writing, verified by the
claimant and shall set forth:
B.
The Village shall not be liable in a civil action
for damages or injuries to person 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 Village or any of its agents, officers or employees, unless
an action shall be commenced thereon within one year and 90 days after
the happening of such accident or injury or the occurrence of such
act, omission, fault or neglect, but no action shall be commenced
to recover upon or enforce any such claim against the Village until
the expiration of three months after the presentation of the claim
to the Board of Trustees as herein required.
It shall be the duty of the Village Attorney
or an attorney specifically appointed by the Board of Trustees for
this purpose to cause all claims for damage or injuries to person
or property to be thoroughly examined and investigated, and to that
end he may take proof, examine witnesses and require the claimant,
with the privilege of counsel, to appear before and be sworn by the
Village Justice or Village Clerk and answer orally any question relative
to or that the Attorney may ask and which may assist him in ascertaining
the Village's liability or the extent thereof, and the Attorney shall
advise the Board of Trustees in respect thereof. The claimant may
designate another time for said examination if he shall be physically
unable to appear, which designation shall be in writing and shall
be served upon the Attorney. Such examination shall be held, however,
within 45 days after the presentation of such claim, but the time
thereof may be further extended by any judge or court of record on
notice to both parties. No action, however, shall be commenced on
any claim where such examination has been required until the same
is held.
Nothing contained in this chapter shall be held
to repeal or modify any existing requirements or statute of limitation
applicable to this class of injury, but on the contrary every provision
of this section shall be held to be an additional requirement for
the right to maintain such action. Nothing herein contained shall
be held to modify any existing rule of law relative to the question
of contributory negligence, nor to impose on the Village any greater
duty or obligation than that it shall keep its streets and public
places in a reasonably safe condition for public use and travel.
Every process commencing an action against the
Village shall be served on the Village Clerk or the Village Mayor
of said Village and not otherwise.
