TL;DR: Before you can sue New York City, the MTA, NYCHA, a public school, a public hospital, or any New York municipality for an injury, you must serve a formal notice of claim within 90 days of the accident (General Municipal Law § 50-e). It must state when, where, and how you were hurt, and it must be served on the correct entity - naming the wrong agency can be as fatal as filing late. The entity can then require you to testify at a 50-h hearing before you're allowed to sue, and the lawsuit itself must be filed within 1 year and 90 days. Courts can sometimes excuse a late notice, but only if you petition within that same 1-year-90-day window - after that, no court has power to save the case.
Key takeaways
- 90 days to serve a notice of claim (General Municipal Law § 50-e).
- Required against: NYC, MTA, NYCHA, public schools, NYC Health + Hospitals, the State, counties, towns, villages.
- Must state when, where, how, and the nature of injury - vague notices get rejected.
- Served on the correct entity - naming the wrong agency can be fatal.
- The entity can demand a 50-h hearing (sworn examination) before suit.
- Lawsuit must be filed within 1 year and 90 days of the accident.
- A late-notice petition is possible - but only within that same 1-year-90-day window.
- Infants and the mentally incapacitated get extended time, but the rule is technical - get a lawyer immediately.
Most people who lose a valid claim against the City of New York never get to argue about fault, injuries, or damages. They lose on a procedural form they didn't know existed. This guide explains exactly how the notice of claim works and how to protect yourself.
What is a notice of claim?
A notice of claim is a sworn written statement, served on a public entity within 90 days of an accident, that formally announces your intention to seek damages. It is a condition precedent to suing - meaning the lawsuit cannot exist without it. The notice must include: (1) your name and address (and your attorney's), (2) the nature of the claim, (3) the time, place, and manner of the accident, and (4) your injuries and damages. Vague location descriptions are a classic trap: "the sidewalk on Broadway" is not enough; the entity must be able to find and investigate the exact defect.
Who requires a notice of claim - and their deadlines
| Defendant | Notice deadline | Lawsuit deadline |
|---|---|---|
| City of New York (city vehicles, streets, sidewalks at 1–3 family homes, parks, NYPD/FDNY/Sanitation) | 90 days | 1 year + 90 days |
| NYC Transit Authority / MTA (buses, subways, stations) | 90 days (plus a 30-day wait after serving before suing) | 1 year + 90 days |
| NYCHA (public housing) | 90 days | 1 year + 90 days |
| NYC Health + Hospitals (public hospital malpractice) | 90 days | 1 year + 90 days |
| Public school districts / NYC DOE | 90 days | 1 year + 90 days |
| Counties, towns, villages (potholes, county roads, municipal vehicles) | 90 days | 1 year + 90 days |
| Port Authority of NY & NJ (airports, PATH, bridges, tunnels, WTC) | 60-day pre-suit notice | 1 year |
| State of New York (Court of Claims) | Claim or notice of intention within 90 days | Per Court of Claims Act |
Two traps inside this table: the Port Authority's rules are different and shorter, and the MTA family includes several legally distinct entities (NYCTA, MaBSTOA, LIRR, Metro-North) - serving the wrong one has sunk real cases.
Special rules that decide these cases
Wrongful death: the 90 days runs from the appointment of the estate representative, not the date of death - one of the few places the rule is more forgiving.
Prior written notice (potholes and sidewalks): for street and sidewalk defects, NYC generally cannot be held liable unless it received prior written notice of the specific defect before your accident. Your lawyer investigates Big Apple Pothole maps, 311 records, and DOT repair orders - another reason early legal involvement matters.
The 50-h hearing: after you serve a notice of claim, the entity is entitled to examine you under oath (and often by a physician) before you may sue. Failing to appear bars the lawsuit. Treat it like a deposition: your testimony is on the record forever.
Minors: infancy is a factor courts weigh for late-notice relief and tolls some deadlines, but it does not automatically excuse a missed notice - parents should act within the original 90 days.
What if you've already missed the 90 days?
You may petition the court for leave to serve a late notice of claim. Judges weigh three things: whether the entity acquired actual knowledge of the essential facts within 90 days (a police report or ambulance run sheet naming the city vehicle helps enormously), whether you had a reasonable excuse (serious incapacitating injuries can qualify; ignorance of the law generally does not), and whether the delay prejudices the entity's ability to investigate.
The unforgiving part: the petition itself must be filed within the 1-year-and-90-day period. After that, courts lose jurisdiction to grant relief entirely - the case is unsalvageable no matter how strong. If you are anywhere inside that window, this is a today problem, not a someday problem.
How to protect a claim against a public entity - this week
- Assume the rule applies. City bus, subway stair, sanitation truck, police car, NYCHA stairwell, school injury, public hospital, pothole, park - all of it.
- Document the exact location now - photos with cross-streets, landmarks, and measurements.
- Get the incident documented - police report, MTA incident report, school incident report.
- Don't try to draft the notice yourself. Defective notices (wrong entity, vague location, unsworn) generate years of motion practice. Attorneys prepare and serve these routinely at no upfront cost.
- Calendar two dates: 90 days (notice) and 1 year + 90 days (suit / late-notice petition outer limit).
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Start free intake →Frequently asked questions
How do I file a notice of claim against NYC?
A sworn notice stating the time, place, and manner of the accident and your injuries must be served on the NYC Comptroller (the City accepts electronic filing) within 90 days. Claims against the MTA, NYCHA, H+H, or the DOE must be served on those entities separately - each is its own defendant.
Does the 90-day rule apply if I was hit by a city bus?
Yes. Bus and subway claims against the NYCTA/MTA require a 90-day notice of claim, and you must wait 30 days after serving it before filing suit.
What is a 50-h hearing?
An examination under oath the public entity may demand after receiving your notice of claim and before you can sue. Attendance is mandatory; testimony should be prepared with your attorney.
Can a late notice of claim ever be accepted?
Yes - courts may grant leave based on the entity's actual knowledge, your excuse, and lack of prejudice - but only if you petition within 1 year and 90 days of the accident. Beyond that, no court can revive the claim.
Does filing a notice of claim mean I've sued?
No. It preserves your right to sue. The lawsuit is a separate filing with its own deadline of 1 year and 90 days.