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NOTICE OF CLAIM
New York Injury Claims against Governmental Entities
Injury claims against counties, cities, towns, and public authorities have notice of claim requirements that must be met before you can properly succeed in a personal injury lawsuit. If you fail to properly and timely file a notice of claim, your claim will be forever timed-barred.
In New York, the legal requirements for asserting the General Municipal Law governs a claim against a municipality. Generally speaking, for example, a notice of claim against the City of New York must be filed within 90 days of the accident date.
In addition to municipalities, a host of other city agencies and public authorities are entitled to their own notice of claim in order to properly prosecute an accident claim that was caused by their negligence or carelessness.
Statute of Limitations
A statute of limitations is just what it says. It limits the time within which you can start a lawsuit. If you fail to file or start a lawsuit within the proscribed time, the court will dismiss your case and you will never be able to recover for your injuries. The statute of limitations applicable to a municipality such as the City of New York is shorter than the normal statute of limitations that applies to other negligence claims.
In New York, the statute of limitations for negligence is 3 years from the date of the accident. For medical malpractice, it is 2 1/2 years from the malpractice. In a claim against a municipality or municipal agency, the statute of limitations may be as short as 1 year and 90 days from the date of the accident.
Claims against the City of New York
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 90 days of the occurrence.
Two categories of New York City agencies determine the appropriate entity to serve the notice of claim upon; “Mayoral Agencies” and “Non-Mayoral Agencies.”
Mayoral Agencies include:
- Office of the Comptroller
- Office of the Mayor
- New York City 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
- Department of Parks and Recreation
- Dept. Housing Preservation and Development (City-owned buildings, not projects)
- Department 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)
Non-Mayoral Agencies include:
- N.Y.C. Department of Education
- S.I.R.T.O.A
- N.Y.C. Health and Hospitals Corporation
- M.T.A. Bridges and Tunnels
- N.Y.C. Housing Authority
- N.Y.C. Transit Authority
- N.Y.C. School Construction Authority,
- Battery Park City Authority,
- Manhattan and Bronx Surface Transit Operating Authority
There may be other Non-Mayoral Agencies that must be served directly with a notice of claim.
Notice of Claim
A Notice of Claim against any Mayoral Agencies must be served upon the City of New York Comptroller, One Centre Street, New York, NY 10007. The New York City Comptroller’s Office provides information about filing a claim manually or electronically.
After 30 days, a lawsuit 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.
A notice of claim against a Non-Mayoral Agency must be filed with the specific agency directly. The statute of limitations is also 1 year and 90 days from the date of the accident.
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Numerous public authorities have their own deadlines for filing a notice of claim and starting a lawsuit. For example:
A notice of claim against the Port Authority must be filed at least 60 days before the lawsuit is commenced. The lawsuit must be started within 1 year from the date of the accident. See more below:
A notice of claim against the Port Authority must be filed at least 60 days before the lawsuit is commenced. The lawsuit must be started within 1 year from the date of the accident.
McKinney’s Unconsolidated Laws of NY § 7107 provides that “…any suit, action or proceeding prosecuted or maintained under this act shall be commenced within one year after the cause of action therefor shall have accrued, and upon the further condition that in the case of any suit, action or proceeding for the recovery or payment of money, prosecuted or maintained under this act, a notice of claim shall have been served upon the port authority by or on behalf of the plaintiff or plaintiffs at least sixty days before such suit, action or proceeding is commenced.”
McKinney’s Unconsolidated Laws of NY § 7108 further provides that “The notice of claim . . . shall be in writing, sworn to by or on behalf of the claimant or claimants, and shall set forth (1) the name and post office address of each claimant and of his attorney, if any, (2) the nature of the claim, (3) the time when, the place where and the manner in which the claim arose, and (4) the items of damage or injuries claimed to have been sustained so far as then practicable. Such notice may be served in the manner in which process may be served, or in lieu thereof, may be sent by registered mail to the port authority at its principal office.”
A Notice of Claim against the MTA must be filed within 90 days from the date of the accident. The statute of limitations is 1 year from the accrual of injury.
A Notice of Claim against LIRR must be filed within 90 days from the date of the accident. The statute of limitations is 1 year from the accrual of injury.
Notice of Intention to Commence an Action against the Authority shall be filed with the secretary of the authority in the principal office of the authority within six months after such cause of action accrued. The statute of limitations is 1 year from the accrual of injury. (N.Y. PBA. LAW § 569-a).
New York City Municipal Liability Lawyer
New York notice of claim law can seem complicated and confusing to the inexperienced. If you have been injured or hurt due to the negligence or carelessness of a municipal entity, such as the City of New York, you need an experienced New York City accident lawyer on your side to protect your rights and properly assert your claim.
Since 1987, Mr. DiMartini has represented people injured in accidents throughout the New York City metropolitan area. He has a long record of success winning favorable settlements and awards for his injured clients.
Personal injury law is all we do. We get results!
Disclaimer
PLEASE NOTE: The information provided herein is only meant to be illustrative. We make no warranties as to the accuracy of any of the deadlines provided herein. There are many requirements and exceptions, such as for infancy or disability, that may affect filing deadlines. Also, laws are subject to change. It is, therefore, critical to speak to an experienced personal injury lawyer before attempting to determine the particular claim requirements or statute of limitations that might apply to your particular case.
