That in order to bring a lawsuit against the City of New York and any other municipal or governmental entity in New York City, you must serve a Notice of Claim within 90 days of your accident. For example, if you were hit by an FDNY ambulance and suffered injuries as a result, or slipped and fell on City-owned property, you may have a case against the City of New York, and would therefore have to serve a Notice of Claim accordingly.
Q. What is a Notice of Claim?
A. A Notice of Claim is a legal document set forth in New York General
Municipal Law §50-e which must be served before the commencement of a lawsuit against the City of New York and other municipal or governmental entity in New York City.
Section 1, subsection (a) of this law provides that "[i]n any case founded upon tort where a notice of claim is required by law as a condition precedent to the commencement of an action or special proceeding against a public corporation...the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises". For wrongful death cases, "the ninety days shall run from the appointment of a representative of the decedent's estate". See subsection (a).
Q. What is required in a Notice of Claim?
A. Section 2 of General Municipal Law §50-e sets forth the requirements for a Notice of Claim:
the name and post-office address of each claimant, and of his attorney, if any;
the nature of the claim;
the time when, the place where and the manner in which the claim arose; and
the items of damage or injuries claimed to have been sustained
Q. What happens if I do not file my Notice of Claim within 90 days?
A. Failure to file a Notice of Claim within 90 days could result in your inability to
sue the City of New York or other appropriate municipal or governmental entity in New York City that may otherwise be liable for its negligence or malpractice. While General Municipal Law §50-e, section 5, allows for applications to serve late notices of claim, it is always advisable to, where possible, serve a notice of claim within the 90 days.
If you think you have a case against the City of New York or any other municipal or governmental entity in New York City, please visit our website at www.newyorktrial.com or call us at (212) 972-7040.
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