Notice of Claim

If you or a loved one is injured in an accident that was due to the fault of a municipal agency such as the City of New York, there are notice of claim requirements that must be met before you can bring a law suit.  If you fail to properly file a notice of claim your claim may be forever timed barred.

For example a claim against the City of New York must be filed within 90 days of the date of the occurrence giving rise to the injury.  An injury claim against the City of New York is governed by the General Municipal Law.

In addition to whatever time limitations may apply to filing the claim, the claim must be filed with the appropriate agency that was the cause of the defect or dangerous condition.

Claims Against the City of New York

In order to bring an action against New York City or one of its agencies or departments, for personal injuries you must serve a notice of claim within 90 days of the occurrence.

New York City maintains two categories of agencies that determine the appropriate entity to serve the Notice of Claim upon.  There are “Mayoral Agencies” and “Non-Mayoral Agencies.”

Mayoral Agencies include the following:

• Office of the Comptroller
• Office of the Mayor
• Fire Department
• Emergency Medical Service
• Police Department (including Housing and Transit Police)
• Sanitation Department
• Department of Buildings
• Department of Corrections
• Department of Finance (Sheriff’s Office)
• Department of Environmental Protection
• Dept. of Parks and Recreation
• Dept. Housing Preservation and Development (City owned buildings, not projects)
• Dept of Social Services/Human Resources Administration
• Department of General Services
• Taxi and Limousine Commission (TLC)
• Department of Transportation (Ferries, Highways, Parking Violations Bureau)
• New York City Community Colleges (2-year colleges)

A Notice of Claim against any of these Mayoral Agencies must be served upon the City of New York Comptroller, One Centre Street, New York, NY 10007.

Once the claim is filed with the Comptroller a claim number is provided.  An action cannot then be filed until 30 days has elapsed from the time of service of the Notice of Claim.  This period is to allow the City of New York time to review the claim. After the 30 day period, a law suit may be started.  The lawsuit must be started within one year and ninety days of the time of the injury.  The defendant in any lawsuit against a Mayoral Agency is the City of New York.  It is not necessary to sue the specific Mayoral Agency under its own name.

Non-Mayoral Agencies include the following:

N.Y.C. Department of Education
c/o New York City Law Department
New York City Law Department
100 Church Street, Ground Floor
New York, NY 10007

S.I.R.T.O.A
60 Bay Street, 6th Floor
Staten Island, New York, 10301

N.Y.C. Health and Hospitals Corporation
Office of Legal Affairs, Claims Division
125 Worth Street, #527
New York, New York 10013

M.T.A. Bridges and Tunnels
The Robert Moses Building
Randall’s Island, New York 10035

N.Y.C. Housing Authority, Law Dept.
250 Broadway, 9th Floor
New York, New York, 10007

N.Y.C. Transit Authority
130 Livingston Street
Brooklyn, New York 11201

There may be other Non-Mayoral Agencies that must be served directly with a Notice of Claim such as the N.Y.C. School Construction Authority, Battery Park City Authority, and the Manhattan and Bronx Surface Transit Operating Authority.

What to do?

If you or someone you love has been injured in an accident against a municipal agency, it is critical that a notice of claim is timely filed with the appropriate agency.  The best course of action is to speak to an experienced New York City personal injury lawyer who can protect your rights and interests, and assert the claim on your behalf.