What Is a Notice of Claim in New York?

By Vincent C. Loiodice, Attorney at Law

When you’re injured because of the negligence of a city, government agency, public authority, or municipal employee in New York, you cannot simply file a lawsuit the way you would against a private person or business.

New York law requires something first:

You must file a Notice of Claim — and you only have 90 days.

Missing this deadline can end your entire case, no matter how serious your injuries are.

This guide explains what a Notice of Claim is, who needs to file one, deadlines, exceptions, and what to do immediately to protect your rights.

What Is a Notice of Claim?

A Notice of Claim is a legal document that notifies a government entity in New York that you intend to file a lawsuit against them. It gives the agency a chance to investigate the claim before a lawsuit begins.

You must file a Notice of Claim if your injury involves:

• The City of New York

• The NYC Transit Authority

• The Department of Education

• The NYC Housing Authority (NYCHA)

• The Police Department (NYPD)

• MTA buses or trains

• Public hospitals (HHC)

• Any municipal employee acting within their job duties

This document is mandatory — without it, your case cannot move forward.

The notice of claim must be inw riting, sworn to before a notary public

You Only Have 90 Days to File

Under New York General Municipal Law §50-e:

You must file a Notice of Claim within 90 days of the accident or injury.

This is one of the shortest deadlines in NY law.
It applies to injuries involving:

• Slip/trip and falls on NYC property

• Bus or train accidents (MTA)

• Assaults, false arrest, police misconduct

• School injuries

• Sanitation truck accidents

• City vehicle crashes

• Public hospital malpractice

• Building defects in NYCHA housing

• Parks & recreation injuries

If you wait longer than 90 days, your case is likely barred.

Who Do You File the Notice of Claim With?

This depends on which agency is involved.
Examples:

• NYC → Comptroller’s Office

• NYCTA/MTA → NYC Transit Authority Legal Department

• NYCHA → Housing Authority Law Department

• DOE/Schools → NYC Law Department

• HHC hospitals → NYC Health + Hospitals Legal Affairs

Each agency has its own filing rules — filing with the wrong agency does not count.

Claims against the Authorities listed below should NOT be served on the Comptroller’s Office, and MUST be served on the Authority or its designated agent

• • New York City Transit Authority (NYCTA)
  • New York City Housing Authority (NYCHA)
  • Triboro Bridge & Tunnel Authority
  • Port Authority of NY and NJ
  • Manhattan, Bronx Surface Transit Operating Authority (MABSTOA)
  • New York City School Construction Authority
  • New York City Health + Hospitals (HH)
  • Staten Island Rapid Transit Authority
  • MTA Bus Company (MTABC)
  • Metropolitan Transportation Authority (MTA)
  • Hugh L. Carey Battery Park City Authority

What Must Be Included in a Notice of Claim?

A proper Notice of Claim must include:

• Your name and address

• The date, time, and location of the incident

• A description of what happened

• Nature of your injuries

• Which employees/agency caused the harm

• That you intend to hold them liable

Even minor mistakes can be used against you later, so accuracy matters. Also must be sworn to before notary public. 

The 50-H Hearing

After filing a Notice of Claim, the government may schedule a:

50-H Hearing

This is similar to a deposition. You will be questioned under oath about the incident and your injuries.

Attending is mandatory.
Missing it can get your case dismissed.

Special Exceptions to the 90-Day Rule

In rare situations, a court may allow a late Notice of Claim, such as:

• Serious physical or mental incapacity

• Minor children

• Medical malpractice discovered later

• When the City had “actual knowledge” of the essential facts

• “Reasonable excuse” for delay

These exceptions are hard to win — courts grant them sparingly.

How Much Time Do I Have to File the Lawsuit After the Notice of Claim?

Even after filing the Notice of Claim, your timeline is short:

You must file the lawsuit within 1 year and 90 days of the incident.

Medical malpractice claims involving public hospitals have different rules (2 years and 6 months).

Why You Should File Immediately

Government agencies have teams of lawyers trained to deny or minimize claims.
Filing early helps preserve:

• surveillance video

• maintenance reports

• inspection logs

• vehicle GPS data

• witness statements

• school or hospital records

The sooner you act, the stronger your case.

Do You Need a Lawyer for a Notice of Claim?

While you can technically file it yourself, it’s risky.
Most people do not know:

• which agency to serve

• how to describe the injuries properly

• how to preserve evidence

• how to prepare for the 50-H hearing

• how to avoid self-damaging statements

One mistake can cost you your entire case.

⭐ If You Were Injured and a Notice of Claim Is Required, Time Is Running Out

You only have 90 days — and the clock is already ticking.

I help clients across NYC file Notices of Claim correctly and on time, giving them the best chance at a strong case.

Contact me today for help protecting your rights.