You can sue the City of New York. You cannot do it on the usual timeline. Special rules protect the City and other public agencies, and they end many valid cases before they start.
Cases Against the City and Its Agencies
- Crashes with sanitation trucks, police cars, fire trucks, ambulances, and other City vehicles
- Falls in parks, playgrounds, and City buildings
- Street and roadway defects
- Injuries in public schools
- False arrest and police misconduct
- Accidents involving the Transit Authority, NYCHA, and public hospitals, which are separate agencies with similar rules
The Notice of Claim
Before a lawsuit, the law requires a sworn written notice of claim. It is generally due within 90 days of the incident. It must state who you are, what happened, when and where it happened, and the injuries claimed.
It must be served on the right agency. Serving the City when the defendant is really the Transit Authority or NYCHA does not count.
What Happens Next
- The agency can demand a hearing where you answer questions under oath.
- It can require a physical examination.
- The lawsuit generally must be filed within one year and 90 days of the incident.
A wrongful death case against the City has its own timing. A wrongful death lawsuit generally must be filed within two years of the date of death.
If You Missed the 90 Days
A court can grant permission to serve a late notice of claim. The judge looks at whether the agency learned the essential facts in time, whether there is a reasonable excuse, and whether the delay hurt the agency's ability to defend. It is not automatic. The sooner the application is made, the better the odds.
Children
Common Questions
I filed a report with 311 or the police. Is that a notice of claim?
No. A notice of claim is a specific sworn document served on the agency. Reports and complaints do not replace it.
Does the City have to have known about a pothole or sidewalk defect?
Generally, yes. For most street and sidewalk defects the City must have had prior written notice. We search for it.
Is suing the City harder than suing a private company?
The rules are stricter and the deadlines are shorter. The value of the injury is measured the same way.
Hit by a City vehicle?
Claims against the City of New York have a much shorter deadline. In most cases a Notice of Claim must be filed within 90 days. Call us right away.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.