[HISTORY: Adopted by the Common Council of
the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. I, Art. VIII,
of the 1983 Code. Amendments noted where applicable.]
A.
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,
previous to the occurrence resulting in such damages or injury, written
notice of the defective, unsafe, dangerous or obstructed condition
of said street, highway, bridge, culvert, sidewalk or crosswalk was
actually given to the Commissioner of General Services and 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. No such action shall be maintained for damages or injuries
to the person or property 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 General Services 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.
[Amended 9-16-2019 by L.L. No. 4-2019]
B.
The City 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 City or any of its agents, officers or employees unless
a notice of claim shall have been made and served in compliance with
§ 50-e of the General Municipal Law nor unless an action
shall be commenced thereon within one (1) year 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 City until the expiration of
three (3) months after the service of said notice. Nothing herein
contained, however, shall be held to revive any claim or cause 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 City.
Where a claim has been filed against the City
or any of its servants, agents, employees, boards or representatives
for any cause whatsoever demanding payment of a sum of money, the
Comptroller of the City of Albany by the service of a notice on the
claimant, either personally or by registered or certified mail, may
require said claimant to appear and be examined in connection with
such claim and, when so sworn, to answer as to any facts relating
to the justness of such claim and as to all facts and circumstances
surrounding the occurrence or happening upon which the claim is based,
including the extent and nature of the damages or injuries for which
the claim is made.
No action shall be commenced against the City
or its servants, agents, employees, boards or representatives unless
the claimant has duly complied with the request for examination by
the Comptroller as herein set forth, and failure to comply shall be
deemed a complete and valid defense to any action.
