The 90-Day Notice of Claim – What NYC Injury Victims Must Know

If you were injured because of the negligence of a government entity in New York City – a city bus, a DSNY garbage truck, a defective sidewalk in front of a city building, a NYCHA elevator, an MTA subway station stairway, a city-run hospital, or a public school – there is one procedural requirement that can end your case before it ever begins if you miss it.

It is called the Notice of Claim. And you have exactly 90 days from the date of your accident to file it.

This is not a technicality. It is a mandatory legal prerequisite. Courts dismiss personal injury cases brought against government entities without a timely Notice of Claim – without exception, without sympathy, and in most circumstances without any ability to bring the claim afterward.

If you fell on government property, were hit by a government vehicle, or were injured in a government building, call Linden Law immediately. Do not wait another day.

Call (212) 804-8440

The Legal Basis: General Municipal Law § 50-e

The Notice of Claim requirement comes from New York’s General Municipal Law § 50-e. Under this statute, before bringing a personal injury lawsuit against most governmental entities in New York, a claimant must:

File a Notice of Claim
Do so within 90 days of the event giving rise to the claim
Serve the notice on the appropriate government entity in the manner required by law

The statute is strict. Courts have held that even missing the deadline by a single day can be fatal to a claim. There are no automatic extensions. There is no grace period. The 90 days runs from the date of the accident – not from when you hire a lawyer, not from when you first feel symptoms, not from when you decide to pursue a claim.

Which Entities Require a Notice of Claim?

The Notice of Claim requirement applies to a wide range of government entities. These include:

New York City and Its Agencies
– NYC Department of Transportation (DOT)
– NYC Department of Sanitation (DSNY)
– NYC Department of Parks and Recreation
– NYPD and FDNY
– NYC Health + Hospitals (Bellevue, Kings County, Elmhurst, Lincoln, Metropolitan, and others)

The MTA and Transit Authorities
– Metropolitan Transportation Authority (MTA)
– New York City Transit Authority (subways and buses)
– Long Island Rail Road (LIRR)
– Metro-North Commuter Railroad
– MTA Bus Company

NYCHA – New York City Housing Authority
Any accident occurring in a NYCHA public housing development – stairway falls, elevator accidents, defective conditions in common areas, or exterior grounds – requires a Notice of Claim against NYCHA specifically.

NYC Department of Education and Public Schools
Accidents at public schools, on school trips, or involving school personnel require a Notice of Claim against the NYC Board of Education/Department of Education.

Other Municipal and Quasi-Municipal Entities
– County governments outside NYC
– Town and village governments across New York State
– Municipal water authorities and other public authorities

Note on the Port Authority: The Port Authority of New York and New Jersey has its own procedural notice requirements under its enabling legislation. Do not assume the standard § 50-e analysis applies. Consult us immediately.

What the Notice of Claim Must Contain

Under General Municipal Law § 50-e, the Notice of Claim must set forth:

The claimant’s name and address
The date, time, and location of the accident
A description of how the accident happened and what caused it
A description of the injuries sustained – the general nature and extent

The Notice does not need to be exhaustive, but it must be reasonably specific. Identifying the wrong government entity, an incorrect location, or omitting key facts can create serious problems. We prepare carefully drafted Notices of Claim that are legally sufficient and protect your rights fully.

What Happens If You Miss the Deadline?

Your case will be dismissed. This is not an overstatement. If you file a lawsuit without a timely Notice of Claim – or file a Notice of Claim after the deadline without court permission – the government entity will move to dismiss your case. Courts grant those motions.

There is a limited remedy called a motion for leave to file a late Notice of Claim under § 50-e(5). A court has discretion to grant this relief, but only if:

The application is made before the expiration of the applicable statute of limitations (typically one year and 90 days from the accident)
The government entity acquired actual knowledge of the essential facts within the initial 90-day period or within a reasonable time thereafter
The delay will not substantially prejudice the government in maintaining its defense

Courts consider the reason for the delay, the claimant’s infancy or incapacity, whether the entity had actual notice of the underlying facts, and whether evidence has been lost.

This relief is discretionary – not guaranteed. Courts deny late filing applications regularly. Do not take the risk. File on time.

The Notice of Claim vs. the Lawsuit – Different Timelines

Many people confuse the Notice of Claim with the actual lawsuit. They are separate steps with separate deadlines:

Notice of Claim – Must be filed within 90 days of the accident (before any lawsuit is filed)

The lawsuit – Must be filed within one year and 90 days of the accident for most NYC and government entity claims – a shorter deadline than the standard three-year personal injury statute of limitations

Both deadlines must be met. Missing the Notice of Claim deadline is fatal to the case. Missing the lawsuit deadline after filing the Notice is also fatal. We track both from the moment we are retained.

After the Notice of Claim: The 50-h Examination

After a Notice of Claim is filed against New York City, the City has the right to conduct a 50-h examination – an oral examination of the claimant under oath by a City attorney. This hearing:

Is conducted before the lawsuit is filed
Is recorded and transcribed
Is not optional – failure to appear can jeopardize your claim
Covers the accident, your injuries, and your damages

Linden Law prepares every client thoroughly for their 50-h examination and appears with them at the hearing.

Frequently Asked Questions

I was injured by a city bus three months ago and haven’t filed anything. Is my case gone?
It depends on the exact date. If you are still within the 90-day window, we can file immediately. If you are past 90 days, we evaluate whether a late filing application has any chance of success based on your specific circumstances – including whether the City had actual knowledge of the accident. Time is critical. Call us now.

I was injured in a NYCHA elevator. Is NYCHA covered by the Notice of Claim requirement?
Yes. NYCHA is a separate legal entity from the City of New York and requires its own Notice of Claim filed with NYCHA’s General Counsel’s office. If your accident occurred in a NYCHA building, call today.

My child was injured at a NYC public school. Who do I serve the Notice of Claim on?
Claims involving NYC public schools are brought against the NYC Department of Education (also known as the Board of Education). A Notice of Claim must be filed within 90 days. We handle these cases.

What if I was injured by both a city bus and a private vehicle?
For the claim against the MTA/city bus, a Notice of Claim is required within 90 days. The claim against the private vehicle follows standard personal injury procedures with a three-year statute of limitations. We file both claims appropriately and simultaneously.

Can I file the Notice of Claim on my own?
Technically yes – the forms are available online through the NYC Comptroller’s eClaim portal. But the risks of getting it wrong are serious and in many cases irreversible. Given that our representation costs you nothing unless we win, there is no good reason to take that risk.

Call Linden Law Now – The Clock Is Running

If you were injured on government property or by a government vehicle, every day you wait is a day closer to losing your case permanently.

Call: (212) 804-8440

No fee unless we win. Free consultation. Jason Linden personally handles every case. He files the Notice of Claim immediately – he does not wait.

Linden Law LLC | 250 West 57th St., Suite 432, New York, NY 10017 | linden.law