Assembly Bill A425

2015-2016 Legislative Session

Relates to state liability for potholes on state highways

download bill text pdf

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Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A425 (ACTIVE) - Details

Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9883
2017-2018: A910
2019-2020: A1235, A9668
2021-2022: A4139

2015-A425 (ACTIVE) - Summary

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

2015-A425 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   425

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee 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:

  Section  1.  Section 58 of the highway law, as amended by chapter 1110
of the laws of 1971, is amended to read as follows:
  S 58. Liability of state for damages. The state shall [not] be  liable
for  damages  suffered  by  any  person from defects in state highways[,
except between the first day of May and the fifteenth day of November on
such highways as are maintained by the state under such  system  as  the
commissioner of transportation may adopt pursuant to section twelve, but
the liability for such damages shall otherwise remain as now provided by
law]  MAINTAINED  BY  THE STATE UNDER SUCH SYSTEM AS THE COMMISSIONER OF
TRANSPORTATION MAY ADOPT PURSUANT TO SECTION  TWELVE  OF  THIS  CHAPTER,
PROVIDED  THE  STATE  HAS RECEIVED ACTUAL OR CONSTRUCTIVE NOTICE OF SUCH
DEFECTS, notwithstanding the construction or improvement and maintenance
of such highways by the state under this  chapter;  but  nothing  herein
contained  shall  be  construed to impose on the state any liability for
defects in bridges over which the  state  has  no  control.  Within  the
limits  of  incorporated  villages  the  state shall maintain a width of
pavement equal to the width of pavement constructed or improved  at  the
expense  of  the  state, if a state highway, the location of the state's
portion of such roadway within said incorporated limits to be determined
by the center line of the roadway as shown on the plans on file with the
department of transportation and the state shall be liable  for  damages
to  persons or property only when such damage shall occur as a result of
the defective condition of the portion  of  improved  highway  as  above
described.
  S  2.  This  act  shall take effect immediately and shall apply to any
cause of action that accrues on or after such effective date.

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