When you’re injured on public property in New York, whether from a slip and fall on a city sidewalk, a subway accident, or a municipal vehicle crash, the rules for filing a claim are very different from private property cases. One of the most important differences is the Notice of Claim requirement.
At Cellino Law, our New York personal injury attorneys regularly handle claims against the City of New York, the MTA, school districts, and other public entities. We understand how strict these deadlines are, and how missing them can cost victims their right to compensation.
What Is a Notice of Claim in New York?
A Notice of Claim is a legal document that alerts a municipal entity you intend to file a lawsuit for an injury or wrongful death. It provides the city or agency with the essential details of your case, including:
- Your name and address
- The time, place, and circumstances of the accident
- The nature of your injuries
- The damages you are claiming
Filing this notice is not optional, it is a prerequisite for suing a municipality in New York.
How Long Do You Have to File a Notice of Claim?
Under New York General Municipal Law § 50-e, you generally have 90 days from the date of the accident to file a Notice of Claim.
If you fail to file within this time frame, your case will almost certainly be dismissed, regardless of how strong your evidence is. Courts rarely grant exceptions, and when they do, it usually requires compelling circumstances and a formal request for leave.
Which Cases Require a Notice of Claim?
Any personal injury, wrongful death, or property damage claim against a municipal entity in New York requires this step. Examples include:
- Slip and falls on city-owned sidewalks or in public parks
- Accidents in NYC Housing Authority buildings
- Injuries in public schools or playgrounds
- Subway, bus, or train accidents involving the MTA
- Collisions with sanitation trucks, police cars, or other municipal vehicles
Each agency has its own rules for where and how to file the claim. For example:
- City of New York: File with the NYC Comptroller’s Office.
- MTA: File with the MTA Claims Unit.
- Public Schools: File with the Department of Education or School District Clerk.
What Happens After Filing a Notice of Claim?
After submission, the municipal agency has the right to demand a 50-h hearing, which is similar to a deposition. You may be asked questions under oath about the accident and your injuries.
The agency may then investigate the claim, but most cases proceed to negotiation or lawsuit once the notice requirement has been satisfied.
Statute of Limitations After Filing a Notice of Claim
Filing the notice does not give you unlimited time. You must still file your lawsuit within:
- One year and 90 days from the date of the accident for personal injury claims.
- Two years from the date of death for wrongful death claims.
This is far shorter than the standard three-year statute of limitations that applies in private injury cases.
Why You Need a Lawyer for Notice of Claim Cases
Handling a claim against a municipality is not like dealing with a private property owner. Public entities often claim immunity, raise procedural defenses, and aggressively challenge injury claims. At Cellino Law, we:
- Ensure your Notice of Claim is filed correctly and on time.
- Gather evidence quickly before it’s lost or destroyed.
- Represent you at 50-h hearings to protect your rights.
- Pursue negotiations and litigation to maximize your recovery.
We’ve secured millions for clients injured in cases involving the City of New York, the MTA, and other municipal entities.
Local Resources for Filing a Notice of Claim in New York
- NYC Comptroller – File a Claim Against the City
- MTA Claims Department
- New York State Unified Court System – for filing lawsuits after the notice period.
Contact Cellino Law Today
If you were injured on public property or by a municipal agency in New York, the 90-day deadline for filing a Notice of Claim is already ticking. Don’t wait until it’s too late to protect your rights.
Call Cellino Law today for a free consultation. Our attorneys understand New York’s municipal claim process and will fight to secure the compensation you deserve.