Bill Text: NY A01235 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Introduced) 2019-06-20 - substituted by s5422 [A01235 Detail]

Download: New_York-2019-A01235-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1235
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced by M. of A. ABINANTI, SANTABARBARA, GOTTFRIED, MOSLEY, BLAKE,
          BARRON,  SOLAGES, COLTON, COOK, MALLIOTAKIS, ENGLEBRIGHT, ZEBROWSKI --
          Multi-Sponsored by -- M. of A.  ARROYO,  McDONOUGH,  PERRY,  PICHARDO,
          SIMON, THIELE -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04409-01-9

        A. 1235                             2
     1  the defective condition of the portion  of  improved  highway  as  above
     2  described.
     3    §  2.  This  act  shall take effect immediately and shall apply to any
     4  cause of action that accrues on or after such effective date.
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