New York City Council Header
File #: Int 2238-2021    Version: * Name: Requirements for maintenance of a civil action against the city for damages or injuries sustained in consequence of unsafe conditions on streets, sidewalks or similar public spaces.
Type: Introduction Status: Committee
Committee: Committee on Transportation
On agenda: 3/18/2021
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the requirements for maintenance of a civil action against the city for damages or injuries sustained in consequence of unsafe conditions on streets, sidewalks or similar public spaces
Sponsors: Robert F. Holden
Council Member Sponsors: 1
Summary: Currently, in order to maintain a civil action against the City for damages or injuries sustained due to unsafe conditions on streets, sidewalks or similar public spaces, the City must have had notice of the unsafe condition and must have failed to repair it within fifteen days of the receipt of the notice. This bill would reduce that period from fifteen to seven days.
Attachments: 1. Summary of Int. No. 2238, 2. Int. No. 2238, 3. March 18, 2021 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 3-18-21

Int. No. 2238

 

By Council Member Holden

 

A Local Law to amend the administrative code of the city of New York, in relation to the requirements for maintenance of a civil action against the city for damages or injuries sustained in consequence of 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 a failure or neglect within [fifteen] seven 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.

      § 2. This local law takes effect 90 days after it becomes law.

 

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LS #15796

2/22/21 9:20AM