The 90-Day Notice Requirement For NYC Slip & Fall Cases – Don’t Miss This Deadline
I’ve had to deliver one of the worst kinds of news a personal injury attorney can give a client: “Your case may be gone because you missed the 90-day deadline.” The client fell on a broken sidewalk in front of a public school. She had real injuries. The city’s negligence was clear. But she waited four months to call an attorney. By then, we had missed the window to file a timely Notice of Claim.
I cannot overstate how seriously this deadline needs to be taken. It is not the kind of thing where you explain to a judge that you didn’t know. Courts are extraordinarily reluctant to excuse late filings. This deadline has real teeth, and it ruins real cases every year.
If you’ve been injured on government property in New York City, you need to act now.
What Is a Notice of Claim?
A Notice of Claim is a formal written document that must be filed with a government entity before you can bring a lawsuit against them. It’s a prerequisite – not the lawsuit itself, but a required preliminary step.
The purpose, from the government’s perspective, is to give them early notice of potential claims so they can investigate while evidence is still fresh. From a practical standpoint, it’s a procedural requirement that ends cases when it’s missed.
The legal authority is General Municipal Law §50-e, and the deadline it sets is 90 days from the date of the accident. Not 90 days from when you hired a lawyer. Not 90 days from when you finished your initial treatment. Ninety days from the day you were hurt.
When Does the 90-Day Requirement Apply?
It applies any time your claim is against a government entity. In New York City, that includes:
- The City of New York – falls on city sidewalks (in some circumstances), city-owned buildings, city-owned parking lots
- NYC Parks Department – accidents in public parks, on park paths, in recreation centers
- MTA / New York City Transit Authority – subway stations, subway platforms, staircases, buses, bus stops maintained by the transit authority
- Port Authority of NY and NJ – PATH train stations, airports (JFK, LaGuardia, Newark), the Port Authority Bus Terminal
- New York City Housing Authority (NYCHA) – stairwells, elevators, lobbies, walkways, and grounds in public housing developments
- NYC Department of Education – public schools, including their grounds and buildings
- NYC Health + Hospitals – Bellevue, Kings County Hospital, Elmhurst Hospital, and other public hospitals
- Other city agencies and departments
A common mistake: people assume that because they were hurt at a building that “looks private” – a housing complex, a school – it’s a private property matter. In New York City, the amount of government-owned property is enormous, and knowing who actually owns and controls the property where you fell is essential.
If you’re not sure whether the property is government-owned, that’s something an attorney can determine quickly. Don’t assume – call.
What Happens If You Miss the 90 Days?
Your case against that government entity is almost certainly over.
A late Notice of Claim can be filed only with court permission under GML §50-e(5), and courts consider several factors:
- Whether the government entity had actual knowledge of the essential facts of the claim within 90 days
- Whether the delay was caused by infancy (being a minor) or incapacity
- Whether the government entity is substantially prejudiced by the delay
Courts grant these applications occasionally, but they are genuinely difficult to win. The burden is on you to explain the delay and to show the government isn’t prejudiced – and “I didn’t know about the deadline” is not sufficient. Missing the 90-day deadline is not something to try to work around after the fact. It is something to prevent by acting immediately.
What the Notice of Claim Must Include
Under General Municipal Law §50-e, the Notice of Claim must contain:
- The claimant’s name and address
- The nature of the claim – what happened and why you’re entitled to compensation
- The time when, place where, and manner in which the claim arose – be specific about the date, time, location, and circumstances of the accident
- The injuries and damages claimed – a general description of your injuries is sufficient at this stage; you don’t need a final medical diagnosis
The Notice doesn’t have to be perfect – courts allow for some inaccuracies as long as the government entity had sufficient information to investigate. But it does need to be specific enough to give the government notice of what happened and where.
Where to File the Notice of Claim
The filing location depends on which entity you’re claiming against:
- Claims against the City of New York (general city agencies, NYC Parks, NYC DOE, NYC Health + Hospitals, NYCHA): file with the NYC Comptroller’s Office – this can be done in person, by mail, or electronically via the Comptroller’s eClaim system
- Claims against the MTA/NYCTA: file directly with the MTA’s Law Department – do not file with the Comptroller’s office
- Claims against the Port Authority: file with the Port Authority Law Department
An attorney can handle these filings for you and ensure they go to the right place. A Notice sent to the wrong entity can be as fatal as a late filing.
After the Notice of Claim: The 50-h Hearing
Once you file a timely Notice of Claim, the government entity has the right to take your sworn testimony before you file a lawsuit. This is called a 50-h hearing (after GML §50-h), and it’s essentially a deposition conducted by the government’s attorneys before the formal lawsuit begins.
You are required to attend and testify truthfully. The government uses this hearing to learn about your accident, your injuries, and your treatment. Preparation is essential – having an attorney with you at a 50-h hearing is standard practice.
After the 50-h hearing is completed, you can file the actual lawsuit. For claims against the City of New York, you have 1 year and 90 days from the date of the accident to commence suit.
A Real Timeline: NYCHA Stairway Fall
Here’s how these cases actually work, using a scenario based on the type of case I handle regularly.
A client falls in a broken NYCHA stairwell on January 1. She’s hurt and goes to the ER. She spends January and February treating, assuming “the housing authority will do the right thing.” By March 1, she calls me – day 59 of the 90-day window.
Here’s what the calendar looks like:
– January 1 – accident
– April 1 – 90-day Notice of Claim deadline (hard cutoff)
– Notice of Claim is filed immediately, within days of being retained
– Summer – 50-h hearing is scheduled and conducted
– March 31 of the following year – 1 year + 90 day deadline to file the actual lawsuit
The Notice of Claim is filed first, before we fully investigate, before we have all the medical records, because the deadline doesn’t wait for investigation timelines.
Now imagine she had called on April 5 instead of March 1. The Notice of Claim deadline would have passed four days earlier. The case, potentially worth hundreds of thousands of dollars, would be gone.
For a full explanation of all New York personal injury deadlines, see our post on the statute of limitations for personal injury claims. For more on what to do after a slip and fall on NYC property generally, see our NYC slip and fall liability guide.
Frequently Asked Questions
How do I know if I fell on government property?
This isn’t always obvious. Many locations that look like private buildings are actually government-owned. NYCHA buildings are public housing but look like apartment complexes. Public school buildings are city property. Subway staircases can lead from city sidewalks down to transit authority property. The easiest way to find out is to call an attorney – we can determine quickly who owns and maintains the property where you fell.
What is the exact 90-day deadline – how do I count it?
Day one is the day after the accident. Count forward 90 calendar days. If the 90th day falls on a weekend or legal holiday, you typically have until the next business day – but I would never cut it that close. File as early as possible. If you were injured on January 1, your 90-day deadline is approximately April 1. Don’t wait to find out exactly – call an attorney immediately.
Can I file a late Notice of Claim?
Only with court permission, which requires a formal application and is not routinely granted. The court will consider whether the government had actual knowledge of the facts, whether you can explain the delay, and whether the government is prejudiced. It’s a difficult application to win. The far better approach is to file on time. If you’re close to the deadline, call an attorney today – not next week.
Does the 90-day rule apply to MTA subway accidents?
Yes. The MTA is a public authority, and the same 90-day Notice of Claim requirement applies. However, the Notice must be filed with the MTA directly, not with the NYC Comptroller’s Office. Filing in the wrong place can be as fatal as filing late. If you were hurt in a subway station, on a train, or on a bus, the 90-day clock is running.
What if I was a minor when I fell?
Infancy (being under 18) can support an application to file a late Notice of Claim, but it doesn’t automatically extend the deadline. A parent or guardian should file a Notice of Claim on behalf of a minor child as promptly as possible. Courts give more weight to infancy in late filing applications, but the safest course is always to file within 90 days.
If you fell on government property more than 60 days ago, call Jason Linden TODAY at (212) 804-8440. This deadline cannot be recovered once missed. Free consultation. No fee unless we win.
