§ 244. Liability of city in certain actions; commencement of actions.
No civil action shall be maintained against the city for damages or
injuries to person or property sustained in consequence of any street,
highway, bridge, culvert, sidewalk or crosswalk being defective, out of
repair, unsafe, dangerous or obstructed unless it appears that written
notice of the defective, unsafe, dangerous, obstructed condition of such
street, highway, bridge, culvert, sidewalk or crosswalk was actually
given to the commissioner of public works, and that 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, or,
in the absence of such notice, unless it appears that such defective,
unsafe, dangerous or obstructed condition existed for so long a period
that the same should have been discovered and remedied in the exercise
of reasonable care and diligence. But no such action shall be maintained
for damages or injuries to the person sustained solely in consequence of
the existence of snow or ice upon any sidewalk, crosswalk or street,
unless written notice thereof, relating to the particular place, was
actually given to the commissioner of public works and there was a
failure or neglect to cause such snow or ice to be removed, or the place
otherwise made reasonably safe within a reasonable time after the
receipt of such notice. The city shall not be liable in a civil action
for damages or injuries to persons or property or invasion of personal
or property rights, of any name or nature whatsoever, whether casual or
continuing, arising at law or in equity, alleged to have been caused or
sustained, in whole or in part, by or because of any omission of duty,
wrongful act, fault, neglect, misfeasance or negligence on the part of
the city, or any of its agents, officers or employees, unless a notice
of claim shall have been made and served in compliance with section
fifty-e of the general municipal law. Every action upon such claim shall
be commenced pursuant to the provisions of section fifty-i of the
general municipal law.