If you’re thinking about filing a personal injury lawsuit against a city, town, village, or other municipal entity in New York, or an entity like the New York City Transit Authority, the single most important procedural step is filing a timely Notice of Claim. Missing or mishandling that requirement can doom your case before it’s heard on the merits. This post explains what a Notice of Claim is, why it matters, the timing and content rules, common pitfalls, and practical tips to protect your rights.
What is a Notice of Claim?
A Notice of Claim is a written statement filed with the municipality and usually the municipal clerk (and, for some entities, with the comptroller or corporation counsel) informing the municipality of the nature and circumstances of the claim and giving the municipality the opportunity to investigate and consider settlement. It is a prerequisite to starting many lawsuits against New York public entities and their employees.
Why New York Requires a Notice of Claim
The requirement, governed primarily by New York General Municipal Law (GML) §50-e (and §50-i for actions against the State of New York), reflects policy choices: it gives municipalities a chance to investigate incidents while evidence and memories are fresh, potentially settle meritorious claims without litigation, and prepare their defense. Courts enforce these rules strictly—municipalities don’t have to answer a lawsuit unless the notice requirement has been satisfied.
Who Must File a Notice of Claim?
Anyone asserting many state-law causes of action against a municipal corporation or political subdivision, including:
- Personal injury and wrongful death claims arising from municipal negligence (e.g., sidewalk defects, potholes, dangerous conditions, negligent municipal employees).
- Claims against municipal hospitals or medical providers (medical malpractice).
- Contract claims against municipalities (often with some variations).
- Property damage claims, including vehicle damage from road/signal defects.
Not every claim requires a notice. Federal constitutional claims under 42 U.S.C. §1983 generally do not require a state-law notice of claim, and some statutory claims may have separate notice schemes. But many plaintiffs bring mixed claims; failing to give notice for state-law claims can still be fatal to those parts of the case.
Timing: Strict Deadlines
Time is critical. Under GML §50-e(1)(a), you generally must serve the Notice of Claim within 90 days after the claim arises. For wrongful death claims arising out of a municipal hospital’s negligence, the deadline is also 90 days (but see CPLR limitations for bringing suit). The statute of limitations for bringing the lawsuit itself runs separately—often two or three years depending on the type of claim—from the Notice of Claim deadline.
Key timing points:
- Serve notice within 90 days of the occurrence (not from the time of discovery in most cases).
- After serving notice, you must wait at least 30 days (in many cases) before commencing the action, and file suit within one year and 90 days after the notice is filed (GML §50-e(5) establishes the one-year-and-90-days period to commence suit in many cases, though this interacts with the underlying statute of limitations and exceptions).
- There are narrow exceptions and tolling rules (infancy, incompetency, lack of capacity; service by a person not served properly; equitable estoppel in rare cases). Courts require careful proof for any excuse.
What Must the Notice of Claim Say?
GML §50-e(2) prescribes the content. A Notice of Claim must include:
- The name and post office address of the claimant.
- The nature of the claim (brief description of the occurrence and injury).
- The time when, the place where, and the manner in which the claim arose.
- The items of damage or injuries claimed.
- The amount claimed, if for a specific sum (or a statement that the amount is unknown).
- The name(s) of the person(s) alleged to be responsible, if known. The notice need not be a full pleading—just enough factual detail to allow the municipality to investigate—but must be more than conclusory or vague. If the municipality requests further particulars, you should provide them.
How to Serve and File the Notice
- Service and filing rules vary by municipality: many require service on the municipal clerk and filing with the comptroller, mayor, or corporation counsel. For school districts, counties, towns, and villages, specific offices differ. Always check the local rules or municipal code.
- Service can usually be made by certified mail, personal delivery, or as prescribed by the local charter. Obtain proof of service and filing (certified mail receipt, affidavit of service, stamped copy from clerk).
- For state entities, service must meet CPLR/GML specifics and is often stricter.
Consequences of Failing to Serve Proper Notice
- Failure to give timely and sufficient notice is a jurisdictional defect in many instances. Courts frequently dismiss claims against municipalities for noncompliance without reaching the merits.
- Even technical deficiencies—omitting essential facts, wrong deadlines, incorrect recipients—can be fatal unless you can show a reasonable excuse and lack of prejudice to the municipality (courts apply different standards; some require strict compliance, others may allow cure if the municipality had actual notice).
- Submitting an untimely notice cannot be cured unless you obtain leave to file late, and the criteria for that are demanding.
Practical Tips
- Act fast: preserve evidence, take photos, get witness names, and document injuries.
- Serve a Notice of Claim within 90 days even if you plan later amendments—amendments to the notice are possible in some cases to add detail or change claims.
- Consult an attorney early—municipal notice rules are technical and unforgiving; an experienced lawyer will ensure compliance and preserve your right to sue.
- Keep meticulous proof of service and any response from the municipality.
- If you miss the deadline, consult counsel immediately about possible equitable relief or other statutory exceptions; do not assume the claim is necessarily barred without consulting an experienced personal injury attorney.
Conclusion
Filing a Notice of Claim is a mandatory and time-sensitive step before suing most municipalities in New York. Strict statutory requirements govern who must receive the notice, what it must contain, and when it must be filed. Given the severe consequences of missteps, timely action and legal advice are essential to preserve your claim and move forward with litigation if necessary. The attorneys at Grandelli & Eskenasi are skilled and experienced at protecting victims’ rights against municipal entities. Call us to schedule your free consultation.
