[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.
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:
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.