What is a Notice of Claim and when do I need to file one in New York?
What you need to know
Injured on a city sidewalk? Hit by an MTA bus? Hurt at a public school? Before you can sue any New York government body — city, county, school district, transit authority, or housing authority — you must serve a Notice of Claim.
The 90-Day Deadline
General Municipal Law §50-e requires the Notice of Claim to be filed within 90 days of the date the injury occurred. This deadline is strict. Courts can grant late-filing permission in limited circumstances, but the longer you wait, the harder it is to get that relief — and it is never guaranteed.
What the Notice Must Include
- Your name and address
- The nature of the claim and how the injury happened
- The date, time, and exact location of the accident
- A description of the injuries, damages, and losses you suffered
The Notice must be filed with the appropriate government body — not just anyone at City Hall. For New York City claims, that means the NYC Comptroller's Office. For MTA claims, it goes to the MTA directly.
What Happens After You File
After receiving the Notice, the municipality has 30 days to demand a 50-h hearing — essentially an examination under oath before any lawsuit. You must attend and answer questions honestly. After the hearing, you have one year and 90 days from the original accident date to actually file the lawsuit in court under CPLR 217-a.
Municipal cases are complicated. Insurance Law §5102 still governs vehicle accidents involving city fleets. Call us — no fee unless we win.
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Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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