New York City Council Header
File #: Int 1365-2019    Version: * Name: Required notice for maintenance of a civil action against the city for damages or injuries sustained in consequence from unsafe conditions on streets, sidewalks or similar public spaces.
Type: Introduction Status: Committee
Committee: Committee on Governmental Operations
On agenda: 1/24/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to required notice for maintenance of a civil action against the city for damages or injuries sustained in consequence from unsafe conditions on streets, sidewalks or similar public spaces
Sponsors: Francisco P. Moya, Vanessa L. Gibson
Council Member Sponsors: 2
Summary: This local law would include electronically stored information, such as communications via the 311 voice or mobile phone system or emails to 311, as a form of written notice acceptable in a civil action against the City when there is injury due to unsafe roadway conditions.
Attachments: 1. Summary of Int. No. 1365, 2. Int. No. 1365, 3. January 24, 2019 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 1-24-19

Int. No. 1365

 

By Council Members Moya and Gibson

 

A Local Law to amend the administrative code of the city of New York, in relation to required notice for maintenance of a civil action against the city for damages or injuries sustained in consequence from unsafe conditions on streets, sidewalks or similar public spaces

 

Be it enacted by the Council as follows:

 

                      Section 1. Paragraph 2 of subdivision c of section 7-201 of the administrative code of the city of New York is amended to read as follows:

2. No civil action shall be maintained against the city for damage to property or injury to person or death sustained in consequence of any street, highway, bridge, wharf, culvert, sidewalk or crosswalk, or any part or portion of any of the foregoing including any encumbrances thereon or attachments thereto, being out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice, or where there was previous injury to person or property as a result of the existence of the defective, unsafe, dangerous or obstructed condition, and written notice thereof was given to a city agency, or there was written acknowledgement from the city of the defective, unsafe, dangerous or obstructed condition, and there was failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger or obstruction complained of, or the place otherwise made reasonably safe, provided that for the purposes of this subdivision, submission of a complaint or similar information relating to the defective, unsafe, dangerous or obstructed condition to the city’s 311 system or a successor system shall constitute written notice to the commissioner of transportation.

      § 2. This local law takes effect 120 days after it becomes law.

 

MAJ

LS #5545

5/22/18 2:24 PM