§ 206-11. Notification required prior to civil action; failure to correct.  


Latest version.
  • A. 
    No action or special proceeding shall be prosecuted or maintained against the Village of Medina or officers, agents, employees or appointees of the Village of Medina for personal injury, wrongful death or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Village of Medina or officers, agents, employees or appointees of the Village of Medina for the defective, unsafe, out-of-repair, dangerous or obstructed condition, including the existence of snow, ice, loose gravel or other foreign substance thereon, of any Village-owned, leased or otherwise controlled property of any kind, including but not limited to streets, roads, highways, sidewalks, bridges, lands, culverts, sluices, street or traffic control signs, poles, standards, gravel pits, driveways, buildings and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, playgrounds, recreation areas, tennis courts, swimming pools, wading pools, pavilions, waterlines, sewer lines and utilities, either aboveground or underground, unless written notice thereof was actually given to the Village Clerk of the Village of Medina previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of.
    B. 
    No civil action shall be maintained against the Village of Medina, New York, for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being out of repair, unsafe, dangerous or obstructed or in consequence of the existence of snow or ice thereon, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice was actually given to the Village of Medina, New York, through its specified officer, 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 or to cause the snow or ice to be removed or the place made otherwise reasonably safe.
    Editor's Note: See also Ch. 18, Defense and Indemnification.