New York A 8056: Provides for state liability for potholes on state highways

Bill Text

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A08056 Summary:

BILL NOA08056 

&nbsp

SAME ASSAME AS S03276

&nbsp

SPONSORRomero

&nbsp

COSPNSRWeprin, Hevesi, Paulin, Davila, Jensen, Eachus, Brabenec

&nbsp

MLTSPNSR

&nbsp

Amd §58, Hway L

&nbsp

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

Go to top A08056 Actions:

BILL NOA08056 

&nbsp

04/22/2025referred to transportation

01/07/2026referred to transportation

Go to topA08056 Committee&nbspVotes:

Go to topA08056 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08056 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8056

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 22, 2025
 ___________

 Introduced by M. of A. ROMERO -- read once and referred to the Committee
 on Transportation

 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:

 1 Section 1. Section 58 of the highway law, as amended by chapter 1110
 2 of the laws of 1971, is amended to read as follows:
 3 § 58. Liability of state for damages. The state shall [not] be liable
 4 for damages suffered by any person from defects in state highways[,
 5 except between the first day of May and the fifteenth day of November on
 6 such highways as are maintained by the state under such system as the
 7 commissioner of transportation may adopt pursuant to section twelve, but
 8 the liability for such damages shall otherwise remain as now provided by
 9 law] maintained by the state under such system as the commissioner of
 10 transportation may adopt pursuant to section twelve of this chapter,
 11 provided the state has received actual or constructive notice of such
 12 defects, notwithstanding the construction or improvement and maintenance
 13 of such highways by the state under this chapter; but nothing herein
 14 contained shall be construed to impose on the state any liability for
 15 defects in bridges over which the state has no control. Within the
 16 limits of incorporated villages the state shall maintain a width of
 17 pavement equal to the width of pavement constructed or improved at the
 18 expense of the state, if a state highway, the location of the state's
 19 portion of such roadway within said incorporated limits to be determined
 20 by the center line of the roadway as shown on the plans on file with the
 21 department of transportation and the state shall be liable for damages
 22 to persons or property only when such damage shall occur as a result of
 23 the defective condition of the portion of improved highway as above
 24 described.
 25 § 2. This act shall take effect immediately and shall apply to any
 26 cause of action that accrues on or after such effective date.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03523-01-5

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