STATE OF NEW YORK ________________________________________________________________________ 3313 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. SMITH, MAHER, GIGLIO, BRABENEC, MIKULIN -- read once and referred to the Committee on Transportation AN ACT to amend the highway law, in relation to the liability of the state for damages to persons caused by defects in state 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] 6 on such highways as are maintained by the state under such system as the 7 commissioner of transportation may adopt pursuant to section twelve of 8 this chapter, but the liability for such damages shall otherwise remain 9 as now provided by law, notwithstanding the construction or improvement 10 and maintenance of such highways by the state under this chapter; but 11 nothing herein contained shall be construed to impose on the state any 12 liability for defects in bridges over which the state has no control. 13 Within the limits of incorporated villages the state shall maintain a 14 width of pavement equal to the width of pavement constructed or improved 15 at the expense of the state, if a state highway, the location of the 16 state's portion of such roadway within said incorporated limits to be 17 determined by the center line of the roadway as shown on the plans on 18 file with the department of transportation and the state shall be liable 19 for damages to persons or property only when such damage shall occur as 20 a result of the defective condition of the portion of improved highway 21 as above described. 22 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02040-01-5