New York Laws
Article 3 - Construction, Operation and Management
93 - Repair of Bridges and Subways at Crossings.

§ 93. Repair of bridges and subways at crossings. When a highway
crosses a railroad by an overhead bridge, the framework of the bridge
and its abutments shall be maintained and kept in repair by the railroad
corporation, and the roadway thereover and the approaches thereto shall
be maintained and kept in repair by the municipality having jurisdiction
over and in which the same are situated unless such municipality shall
be a village of less than twelve hundred inhabitants, in which case the
town board of the town in which such village, roadway and approaches are
situated may, by resolution, vote to maintain and repair the same at the
expense of such town, notwithstanding any provision of law limiting or
providing the amount which such town board may levy and collect for such
purposes without the vote of a town meeting, but the property within
such village shall be subject to the levy and collection of the tax
imposed for such maintenance and repair; except that in the case of an
overhead bridge constructed prior to the first day of July, eighteen
hundred and ninety-seven, the roadway over and the approaches to which
the railroad corporation was under obligation to maintain and repair,
such obligation shall continue, provided the railroad corporation shall
have at least ten days' notice of any defect in the roadway thereover
and the approaches thereto, which notice must be given in writing by the
town superintendent of highways or other duly constituted authority, and
the railroad corporation shall not be liable by reason of any such
defect unless it shall have failed to make repairs within ten days after
the service of such notice upon it. When a highway passes under a
railroad, the bridge and its abutments shall be maintained and kept in
repair by the railroad corporation, and the subway and its approaches
shall be maintained and kept in repair by the municipality having
jurisdiction over and in which the same are situated, unless such
municipality shall be a village of less than twelve hundred inhabitants,
in which case the town board of the town in which such village, subway
and approaches are situated, may, by resolution, vote to maintain and
repair the same at the expense of such town, notwithstanding any
provision of law limiting or providing the amount which such town board
may levy and collect for such purposes without the vote of a town
meeting, but the property within such village shall be subject to the
levy and collection of the tax imposed for such maintenance and repair.
Where the roadway over a railroad, or the subway underneath the same, or
the approaches thereto have been improved by the state as a part of a
state or county highway, such roadway or subway, or approaches only, as
have been so improved shall thereafter be maintained and kept in repair
by the commissioner of transportation in the manner provided in the
highway law for the maintenance and repair of state and county highways.

When the roadway over or subway under a railroad and the approaches
thereto, for the maintenance of which a town or village is liable, shall
have been taken over for improvement by a county as a part of a county
road, such roadway or subway or approaches, for so long as the county
shall remain liable for the maintenance of such county road, shall be
maintained and kept in repair by the county superintendent of such
county as a part of such county road in the manner provided in the
highway law for the maintenance and repair of county roads, and out of
any funds provided for that purpose, but to the extent only to which the
town or village was liable under the provisions of the railroad law.

For the purposes of this section, railroad and railroad corporation
shall include the national railroad passenger corporation created
pursuant to subchapter II of chapter fourteen, forty-five United States
code (Amtrak) and the consolidated rail corporation created pursuant to
subchapter III of chapter sixteen, forty-five United States code
(Conrail).

Structure New York Laws