What is the Statute of Limitations When Suing a City in New York?
How much time do you have to sue the City of New York or other government agencies? The period of time one has to sue a government agency in NY is less than if one was suing a private person or business. In the State of New York a person has 90 days to file a notice of claim and 1 year and 90 days to commence a lawsuit against a city, village or town government or their agencies. Before commencing a lawsuit it is usually required that a notice of claim be filed aginst the appropriate government agency. Each government entity must designate an appropriate location where the notice of claim is to be served. The Uniform Notice of Claim Act makes General Municipal Law (“GML”) §50(e) the governing notice of claim statute for actions against all public corporations. See Uniform Notice of Claim Act §§ 1. It also establishes a uniform statute of limitations of one year and ninety days for actions against public corporations other than wrongful death actions, unless a longer statute of limitations is specified by statute. Some of the entities covered by this provision are The City of New York (and their agencies such as the Police and Fire Department); The New York City Transit Authority, The NYC Health & Hospital Corporation, all other cities, towns, villages and municpalities in the State of New York and their agencies. The legislation permits plaintiffs to serve municipalities and other public corporations with a notice of claim by serving the Secretary of State in Albany. Service on the Secretary, however, is not the exclusive means of serving a notice of claim; it is an alternative to serving the public entity as prescribed under existing law. Keep in mind that the time periods set forth herein do not apply to all governmental agencies operating in New York. For instance, their are different time periods and rules which apply to the Federal Government, The New York State Government, and the Port Authority of NY & NJ. If you have a question about your legal rights if you have been injured it is always best to consult with an experienced personal injury attorney. The personal injury lawyers at Zalman Schnurman & Miner P.C. offer free consultations and handle all cases on a contingency fee basis. For a free consultation call 1-800-LAWLINE (1-800-529-5463).