Provides for state liability for potholes on state highways

Latest action Apr 21, 2026

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

Not chosen yet

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A8056, the matching bill in the Assembly.

Amends the Highway Law.

Committee

Transportation · New York State Assembly

Also referred to Transportation · New York State Senate.

Purpose, from the sponsor's memo

This bill expands the state's liability for damages suffered by individ- uals due to defects in state highways when the state has actual or constructive notice of such defects.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Committee vote · Transportation
Senate TransportationApr 21, 2026Result: passed
(13) (0) (0) (0)

Cosponsors

Amy Paulin, Andrew Hevesi and 16 more on Agora

Democratic16
Republican2

Show all 18 on Agora

See the full list on nysenate.gov

The sponsor's argument

Why Jeremy Cooney says this is needed

Under current Law, motorists who suffer damage due to defects on Local roads may pursue damages against the locality at any time during the year so long as the municipality had advance notice of the defect. Under current law, individuals who suffer damages due to defects in stare roads may pursue these damages against the state only if the inci- dent occurred between May 1 and November 15. Statewide reports of the poor conditions of state roadways some with three-foot wide potholes and other seemingly ongoing defects highlight the need to modify this stat- ute and permit motorists to seek damages all year long. This bill would allow motorist's to pursue damages from the state for defects in state roads all year. This bill will continue to exempt the state from liability where it does not have advance actual or construc- tive notice. New York State motorists should not have to pay out-of- pocket for damages caused by a defect in a state highway that should have been repaired.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Apr 21, 2026
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Jan 7, 2026
Referred to committee
REFERRED TO TRANSPORTATION
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO TRANSPORTATION
NY Senate
Apr 22, 2025
Referred to committee
REFERRED TO TRANSPORTATION
NY Assembly
Jan 24, 2025
Referred to committee
REFERRED TO TRANSPORTATION
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 3, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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