STATE OF NEW YORK
________________________________________________________________________
4139
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. ABINANTI, SMITH -- read once and referred to the
Committee on Judiciary
AN ACT to amend the highway law, in relation to state liability for
defects in highways
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 58 of the highway law, as amended by chapter 1110
2 of the laws of 1971, is amended to read as follows:
3 § 58. Liability of state for damages. The state shall [not] be liable
4 for damages suffered by any person from defects in state highways[,
5 except between the first day of May and the fifteenth day of November on
6 such highways as are maintained by the state under such system as the
7 commissioner of transportation may adopt pursuant to section twelve, but
8 the liability for such damages shall otherwise remain as now provided by
9 law] maintained by the state under such system as the commissioner of
10 transportation may adopt pursuant to section twelve of this chapter,
11 provided the state has received actual or constructive notice of such
12 defects, notwithstanding the construction or improvement and maintenance
13 of such highways by the state under this chapter; but nothing herein
14 contained shall be construed to impose on the state any liability for
15 defects in bridges over which the state has no control. Within the
16 limits of incorporated villages the state shall maintain a width of
17 pavement equal to the width of pavement constructed or improved at the
18 expense of the state, if a state highway, the location of the state's
19 portion of such roadway within said incorporated limits to be determined
20 by the center line of the roadway as shown on the plans on file with the
21 department of transportation and the state shall be liable for damages
22 to persons or property only when such damage shall occur as a result of
23 the defective condition of the portion of improved highway as above
24 described.
25 § 2. This act shall take effect immediately and shall apply to any
26 cause of action that accrues on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01701-01-1
