According to the NY State Attorney General’s Opinion No. 99-1, when a property owner places his or her mailbox in the Town’s right-of-way, the Town is not liable for damage to the mailbox if such damage is caused by non-negligent snow removal activities. Whether the Town is responsible for damage to a reasonably placed mailbox is a question of fact relating to the conduct of the snow removal activities.
It has been the policy of the Town Highway Department to replace mailboxes and posts taken down or damaged during Town snow removal. However, it is suggested that you replace any expensive or fancy mailboxes or posts with a basic mailbox and post as these are the only types provided for repair and replacement.
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