Getting injured on a city-owned sidewalk, in a public park, on an MTA bus, or near any government-controlled property in New York is not the same as getting injured on private property. Different rules apply. Much shorter deadlines apply. And one missed step can end your case before it ever starts.
The most important thing you need to know: you have 90 days.
The 90-Day Notice of Claim Requirement
Before you can file a lawsuit against New York City, a city agency, the MTA, or most other government entities in New York State, you must first file a Notice of Claim within 90 days of your injury.
This is not optional. It is not negotiable. Miss this deadline and you lose your right to sue, regardless of how severe your injuries are or how clear the city’s negligence was. Courts regularly dismiss cases involving catastrophic injuries solely because the Notice of Claim was filed on day 91.
What Is a Notice of Claim?
A Notice of Claim is a formal legal document that puts the government entity on notice that you intend to bring a lawsuit. It must include:
Your full name and address
A description of the accident and how it happened
The exact location where it occurred
The date and time of the injury
A description of your injuries and how they affect you
The damages you are claiming
It must be filed with the correct government agency. If you file with the wrong entity, the clock does not stop running.
Who Falls Under the 90-Day Rule?
The Notice of Claim requirement applies if your injury involved:
A defective city sidewalk, pothole, or roadway
An MTA bus, subway train, or station
A city-owned vehicle or Department of Sanitation truck
A public school, park, playground, or government building
An NYPD or FDNY vehicle
Injuries on property adjacent to private buildings may still involve private party liability, depending on who has maintenance responsibility for that specific section of sidewalk or property. An attorney can identify the right defendant quickly.
What Happens After the Notice of Claim Is Filed
Once you file, you must wait at least 30 days before you can commence the actual lawsuit. During that period, the government entity may require you to appear at a 50-h hearing, an examination under oath where city attorneys can question you about the accident and your injuries. You are required to attend.
After the 30-day waiting period, you have up to 1 year and 90 days from the date of injury to file your lawsuit against the government entity.
Common Mistakes That Kill City Injury Claims
Missing the 90-day Notice of Claim deadline entirely.
Filing with the wrong government entity.
Providing inaccurate or vague location descriptions in the Notice of Claim.
Giving a recorded statement to city investigators before speaking with an attorney.
Missing the 50-h hearing after it is scheduled.
Assuming workers’ compensation is the only option when a city vehicle caused the accident.
Can You File After 90 Days?
In rare circumstances, you can petition the court for permission to file a late Notice of Claim. Courts look at whether the government entity had actual notice of the incident and whether the delay caused any prejudice to their ability to investigate. This is a difficult standard and not guaranteed. Do not assume you can rely on this exception.
Why Experience on the Defense Side Matters
New York City and the MTA are sophisticated defendants with experienced legal departments. They know the procedural arguments. They know when a Notice of Claim is technically defective. They know how to use a 50-h hearing against you.
Keith Silverstein spent 25 years working alongside those teams on the insurance defense side. He knows exactly what the city looks for, where claims fall apart, and what it takes to win these cases.
Contact Us Today. Free Consultation. No Fees Unless We Win.
Call 212-385-1444.
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