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New York Consolidated Laws

N.Y. Highway Law § 139 (2026)

County liable for injuries caused by defective highways and bridges

✓ current as of May 2026
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§ 139. County liable for injuries caused by defective highways and
bridges. 1. When, by law, a county has charge of the repair or
maintenance of a road, highway, bridge or culvert, the county shall be
liable for injuries to person or property and for wrongful death
sustained in consequence of such road, highway, bridge or culvert being
defective, out of repair, unsafe, dangerous or obstructed existing
because of the negligence of the county, its officers, agents or
servants. A civil action may be maintained against the county to recover
damages for any such injury or death; but the county shall not be liable
in such action unless a notice of claim shall have been made and served
in compliance with section fifty-e of the general municipal law, and
unless the action is commenced in compliance with the conditions set
forth in section fifty-i of the general municipal law.
  2. Notwithstanding the provisions of subdivision one of this section,
a county may, by local law duly enacted, provide that no civil action
shall be maintained against such county for damages or injuries to
person or property sustained by reason of any highway, bridge or culvert
being defective, out of repair, unsafe, dangerous or obstructed unless
written notice of such defective, unsafe, dangerous or obstructed
condition was actually given to the clerk of the governing body of such
county or the county highway superintendent; 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 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 person or property sustained solely in
consequence of the existence of snow or ice upon any highway, bridge or
culvert, unless written notice thereof, specifying the particular place,
was actually given to the clerk of the governing body of a county or
county highway superintendent and there was a failure or neglect to
cause such snow or ice to be removed, or to make the place otherwise
reasonably safe within a reasonable time after the receipt of such
notice.
  3. The county highway superintendent shall transmit in writing to the
clerk of the governing body of the county within ten days after the
receipt thereof all written notices received by him pursuant to a local
law enacted pursuant to this section.
  4. The clerk of the governing body of each county shall keep an
indexed record, in a separate book, of all written notices, which he
shall receive pursuant to such local law of the existence of a
defective, unsafe, dangerous or obstructed condition in or upon, or of
an accumulation of ice or snow upon any county highway, bridge or
culvert, which record shall state the date of receipt of the notice, the
nature and location of the condition stated to exist, and the name and
address of the person from whom the notice is received. All such written
notices shall be indexed according to the location of the alleged
defective, unsafe, dangerous or obstructed condition, or the location of
accumulated snow or ice. The record of each notice shall be preserved
for a period of five years after the date it is received.
Notes of Decisions
Cited in 42 cases (4 in the last 5 years), 1986–2026 · leading case: Hart v. City of Buffalo, 2023 NY Slip Op 03984 (N.Y. App. Div. 2023).
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Hart v. City of Buffalo, 2023 NY Slip Op 03984 (N.Y. App. Div. 2023). · cites it 24× “Plaintiff contends that the court erred in concluding that she was obligated to establish, as a condition precedent to suit, that the County received prior written notice of the defective sidewalk because, contrary to the court's determination and the County's assertion,…”
Town of Huntington v. Cnty. of Suffolk, 79 A.D.3d 207 (N.Y. App. Div. 2010). “, for County Road 2, 3 and 48]) (see Highway Law §§ 117, 118, 120, 125, 127, 134).”
DeHoust v. Aakjar, 290 A.D.2d 927 (N.Y. App. Div. 2002). · cites it 5× “Prior to Amabile v City of Buffalo (supra), this Court had consistently held, in considering the conflict between such local laws enacted by a county and Highway Law § 139 (2), which permits proof of constructive notice of a defect in the absence of a written notice, that since…”
Pasternak v. Cnty. of Chenango, 2017 NY Slip Op 8578 (N.Y. App. Div. 2017). · cites it 2× “However, where Highway Law § 139 is applicable—in the case of county roads—“[e]ven if a local law exists requiring prior written notice of a defect, a civil action may be commenced absent such notice against a municipality for injuries resulting from a defect in a highway under'…”
Zash v. Cnty. of Nassau, 171 A.D.2d 743 (N.Y. App. Div. 1991). · cites it 5× “to person or property sustained by reason of any sidewalk, curb or gutter located on a county road outside of incorporated villages and cities being defective * * * unless written notice of such defective * * * condition of such sidewalk, curb or gutter * * * was actually given…”
Horan v. Town of Tonawanda, 83 A.D.3d 1565 (N.Y. App. Div. 2011). · cites it 2× “In support of its motion, defendant established as a matter of law that it lacked prior *1566 written notice of the pothole, but it failed even to address whether it lacked constructive notice thereof.”
Carlino v. City of Albany, 118 A.D.2d 928 (N.Y. App. Div. 1986). · cites it 3× “With respect to the county’s defense that plaintiff violated the county’s local law requiring prior notice, plaintiff maintains that the county’s local law violates not only Court of Claims Act § 8, but also Highway Law § 139. In treating the city’s contentions, we rejected the…”
Phillips v. Cnty. of Nassau, 50 A.D.3d 755 (N.Y. App. Div. 2008). · cites it 2× “However, Highway Law § 139 (2) allows for tort recovery for dangerous highway conditions where, in the absence of prior written notice, “such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied…”
Loughren v. Cnty. of Ulster, 75 A.D.3d 976 (N.Y. App. Div. 2010). · cites it 3× “6 [1980] of County of Ulster; see also Highway Law § 139). 1 While conceding that such notice had not been provided, plaintiff argued that defendant had constructive notice that a hole *977 existed in the shoulder of the highway before his accident and, as such, service of…”
Mollahan v. Vill. of Port Washington North, 153 A.D.2d 881 (N.Y. App. Div. 1989). · cites it 2× “, Highway Law § 139; Town Law § 65-a; CPLR 9804) "is not to make it more difficult for a plaintiff to prove a case but largely 'to enable the city to prevent accidents by repairing or guarding defects or obstructions [in the streets], thus protecting the traveling public’ ”…”
Fu v. Cnty. of Washington, 144 A.D.3d 1478 (N.Y. App. Div. 2016). “With respect to Fu’s claim that a dangerous condition existed due to the presence of ice and snow on the roadway, defendant met its summary judgment burden by establishing that it did not receive prior written notice of the alleged dangerous condition as required by the…”
Kenney v. Cnty. of Nassau, 93 A.D.3d 694 (N.Y. App. Div. 2012). “Contrary to the plaintiffs contention, the County presented unequivocal evidence that the Office of the County Attorney, as statutory designee, did not receive prior written notice of the alleged defect in the roadway and that the County did not have constructive notice of the…”
Show all 42 citing cases →
— N.Y. Highway Law § 139(1) — 1 case
Romas v. Cnty. of Suffolk, 2026 NY Slip Op 02142 (N.Y. App. Div. 2026).
— N.Y. Highway Law § 139(2) — 2 cases
Romas v. Cnty. of Suffolk, 2026 NY Slip Op 02142 (N.Y. App. Div. 2026).
Gass v. Cnty. of Rockland, 2025 NY Slip Op 03796 (N.Y. App. Div. 2025).
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