New York § 71-B - 71-BOperation of snowmobiles

§ 71-B. 71-BOperation of snowmobiles

§ 71-b. Operation of snowmobiles. 1. With respect to injuries arising from the operation of snowmobiles, no civil action shall be maintained against any municipal corporation or an officer thereof in charge of highway supervision and maintenance, for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous, or obstructed, unless prior written notice of such defective, unsafe, dangerous or obstructed condition on such highway, bridge or culvert was actually given to the municipal agent, officer, or employee authorized by section three hundred eleven of the civil practice law and rules to receive service or to the chief municipal officer in charge of highway supervision and maintenance, and there was a failure or neglect within a reasonable time thereafter to repair or remove the defect, danger or obstruction complained of, or, in the absence of such notice, such defective, unsafe, dangerous or obstructed condition existed for so long a period of time that the same could have been discovered and remedied in the exercise of reasonable care and diligence, conditions resulting from the removal or non-removal of snow and/or ice shall not constitute a defect until seventy-two hours after written notice has been served on a municipal corporation as provided herein. No such action shall be maintained for damages or injuries to person or property sustained solely due to conditions caused by snow and/or ice removal, or the non-removal thereof from highways designated pursuant to section 8-0303 of the conservation law. 2. The municipal officer in charge of highway supervision and maintenance and any other municipal agent, officer or employee designated to receive service of process shall transmit in writing to the clerk of the municipal body involved within twenty-four hours or as soon as practical after the receipt thereof, all written notices received by him pursuant to this section. 3. The clerk of each municipal body shall keep an indexed record of all written notices which he shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of a hazardous condition caused by snow and/or ice removal, or the non-removal thereof from highways designated pursuant to section 8-0303 of the conservation law, which notice shall state the date of receipt thereof, and the name and address of the person from whom the notice was received. The record of each notice shall be preserved for a period of five years after the date received.