New York Laws
Article 3 - State Highways
58 - Liability of State for Damages.

§ 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, 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.

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