§ 84-1. Written notice required., Chapter 84. Notice of Defective or Dangerous Conditions, Code of Ordinances, Brookhaven

Prior written notice required. No civil action shall be commenced against the Town of Brookhaven or the Superintendent of Highways for damages or injuries to persons or property sustained by reason of the defective, out-of-repair, unsafe, dangerous or obstructed condition of any highway, street, bridge, culvert, or crosswalk or pedestrian walkway open to the public, of the Town of Brookhaven, unless, previous to the occurrence resulting in such damages or injuries, written notice of such defective, out-of-repair, unsafe, dangerous or obstructed condition, identifying with particularity the specific nature and location of each defective, out-of-repair, unsafe, dangerous or obstructed condition complained of, was actually given, in writing, by a person with firsthand knowledge of the condition complained of and specified in the notice, to the Town Clerk or the Town Superintendent of Highways by personal service or service by registered or certified mail actually received by the Town officer or officers specified herein, specifying the particular place and location was actually given to the Town Clerk or Town Superintendent of Highways 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. No such civil action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, street, bridge, culvert, or crosswalk or pedestrian walkway open to the public, unless written notice was actually given, in writing, by a person with firsthand knowledge of the condition complained of and specified in the notice, to the Town Clerk or the Town Superintendent of Highways by personal service or service by registered or certified mail actually received by the Town officer or officers specified herein, and there was a failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice.

In the absence of written notice as required above, no civil claim shall be maintained against the Town of Brookhaven; nor shall any civil claim be maintained based on an allegation that such defect, danger or obstruction existed for so long a period of time that the same should have been discovered and remedied in the exercise of reasonable care and diligence; nor a claim that any Town employee possessed actual notice of such defect, danger or obstruction unless written notice is filed with the Town Clerk as required above.

The Town Superintendent of Highways shall transmit, in writing, to the Town Clerk within 10 days after receipt thereof, all written notices received by the Superintendent of Highways pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law.

An obscured, defective or missing traffic control device, or an obscured site distance on any road or highway, shall for the purposes of this chapter be deemed a defective, unsafe, dangerous or obstructed condition of a street, highway, bridge, culvert, sidewalk or crosswalk.