New York Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is short and strict. Missing it can bar the claim. Reading the statute or contacting the entity's law department or clerk confirms the current rule for your claim.

2. 2

   Local track (GML 50-e): a notice of claim against a city, county or other public corporation is due within 90 days after the claim arises. For wrongful death, the 90 days run from the appointment of a representative of the estate.

3. 3

   State track (Court of Claims Act 10): for negligence and intentional tort claims, a claim or a notice of intention to file a claim is due within 90 days of accrual. For wrongful death, it is 90 days after the executor or administrator is appointed. Contract and other claims have 6 months.

4. 4

   Against the State, a claim is filed with the Clerk of the Court of Claims and served on the Attorney General. A notice of intention is served on the Attorney General only; it does not file the claim, which is still filed with the Clerk. Service is personal or by certified mail, return receipt requested (CCA 11(a)).

5. 5

   Against a municipality, the notice goes to the person designated to receive a summons or its regular attorney, or to the Secretary of State as agent. Delivery is personal or by registered or certified mail; in a city over one million, electronic means also work.

6. 6

   The municipal notice must be in writing and sworn. It states each claimant's and attorney's name and post-office address, the nature of the claim, the time, place and manner it arose, and the items of damage or injuries so far as practicable.

7. 7

   A municipal suit must wait until 30 days pass after the notice (40 days if it was served on the Secretary of State) without adjustment or payment. It must be filed within 1 year and 90 days after the event, or for wrongful death within 2 years after the death (GML 50-i). If the claim is against a city, county, town, village, fire district, ambulance district or school district, that body may also demand an examination of the claimant about the occurrence and extent of the injuries or damages, upon oral questions unless the parties otherwise stipulate (GML 50-h).

New York Requirements for Notice of Claim

• Municipal Notice Deadline

  GML 50-e: notice of claim within 90 days after the claim arises; for wrongful death, 90 days from appointment of a representative of the estate.

• State Claim Deadline

  CCA 10: negligence and intentional tort claims need a claim or notice of intention within 90 days of accrual; wrongful death 90 days after appointment of the executor or administrator; contract and other claims 6 months.

• Recipient and Service

  Municipal: the person designated to receive a summons, its regular attorney, or the Secretary of State as agent, by personal delivery or registered or certified mail. State: the Attorney General, personally or by certified mail, return receipt requested.

• Sworn Contents

  GML 50-e: written and sworn; names and post-office addresses of each claimant and attorney, the nature of the claim, the time, place and manner it arose, and items of damage or injuries so far as practicable.

• Damages Amount

  GML 50-e(2): a notice against a municipal corporation other than a city with a population of one million or more persons shall not state the amount of damages.

• Waiting Period and Suit Deadline

  GML 50-i: sue only after 30 days pass without adjustment or payment (40 days if served on the Secretary of State), and within 1 year and 90 days after the event; wrongful death within 2 years after death.

• Late Notice Relief

  GML 50-e(5): a court may extend the time, not beyond the time to sue. CCA 10(6): the Court of Claims may allow a late claim on motion, within the CPLR article 2 limit for a like claim.

• Examination of the Claimant

  GML 50-h: a city, county, town, village, fire district, ambulance district or school district may demand an examination of the claimant relative to the occurrence and extent of the injuries or damages claimed, upon oral questions unless the parties otherwise stipulate.

• Proof of Service

  Record the date, the recipient's name and title, and the delivery method, with any certified or registered mail article number.