[Adopted 1-4-1955 by L.L. No. 1-1955]
Section 341-a of the Village Law, as added thereto
by Ch. 650 of the Laws of 1927,[1] as it applies to the Village of New Hyde Park, is hereby
amended to read as follows:
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§341-a. Liability of Village in certain
actions.
No civil action shall be brought or maintained
against the Village of New Hyde Park 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 or in consequence of the existence or accumulation
of snow or ice upon any street, highway, bridge, culvert, sidewalk
or crosswalk, unless written notice of the existence of such condition,
relating to the particular place, had, prior to the happening of the
event causing the damages or injuries to persons or property, actually
been given to the Board of Trustees of the Village of New Hyde Park
and there had been a failure or neglect on the part of said village
to cause such condition to be corrected or such snow or ice to be
removed or the place otherwise made reasonably safe within a reasonable
time after the receipt of such notice.
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[1]
Editor's Note: See now Village Law, § 6-628.
[Added 1-18-2000 by L.L. No. 2-2000[1]]
Notwithstanding the provisions of § 165-40 of this chapter or of any other law, statute, local law, ordinance, rule or regulation, either actually or apparently, to the contrary, the owners, tenants or other persons occupying or entitled to the possession and control of any lands, whether vacant or improved, situated within the Village of New Hyde Park and fronting upon or abutting any public street, highway, traveled road, lane or alley, or any public court, square or other place dedicated or actually so used as a public right-of-way, shall at all times keep and maintain the entire width and length of each public sidewalk adjoining or otherwise near and proximate to the boundary lines of such lands, including but not limited to the paved flat or gradient portions of any driveway or handicapped-accessible walkway or curb cut located adjacent thereto, in a good state of repair and free and clear of any physical defects or other unsafe, hazardous or dangerous obstructions, encumbrances or conditions therein, the accumulation of any snow, ice or water, or of any dirt, litter, trash, garbage or other waste, filth or refuse thereon, and the growth of any weeds, grass or other vegetation in, on or over the same; and such owners, tenants and other persons aforesaid, and each of them, shall be jointly and severally liable for any injury or death to any and all persons and/or any damage or harm to any and all real or personal property resulting from or by reason of the omission or failure of such owners, tenants or other persons aforesaid to undertake and carry out any of the foregoing specified duties and/or due to their carelessness, recklessness or other negligence in discharging or attempting to discharge such obligations. The liability imposed by the provisions of this section shall be in addition to, and not in lieu or limitation of, any other or different liability for a fine, imprisonment or other penalty, for the same actions or omissions, as imposed by or pursuant to any other separate provisions of chapter.
[1]
Editor's Note: This local law also amended
the title of this article to add "Imposition of Liability."
Nothing herein contained, however, shall be
held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the Incorporated
Village of New Hyde Park.
