Legal Question in Personal Injury in New York

notice of claim

in new york, how long after a ''NOTICE OF CLAIM'' has been filed to a municipality must you wait to file a lawsuit?


Asked on 5/17/07, 2:48 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: notice of claim

(i) 30 days. Will you be filing with the 'court of claims' or with an administrative agency?

(ii) Make sure you file the 'notice of claim' with the right authority: (1) the attorney general is one of those that must be notified and (2) the delivery of the 'notice of claim' must be in person (go to the AG's office) or by ceritfied mail. Certified mail is a technical requirement that must be met. This kind of detail actually does decide cases; don't let it decide yours!

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Answered on 5/17/07, 3:08 pm

Re: notice of claim

Its 30 days. I did not fully understand the answer of the first attorney who responded to you as your post did not indicate that your case involved the State of New York or one of its agencies. If it did, you should have either filed a Claim in the Court of Claims or served a Notice of Intention to Make Claim on the Attorney General. If your accident involved a municipality such as the City of New York, you serve a Notice of Claim and then you have to wait 30 days before filing suit. However, if the municpality requests a hearing, you have to do the hearing first. There are many different agencies in New York State and some have differnt filing requirements. Please consult with a competant attorney if you do not already have one to make sure you file the proper claim. This response is for informational purposes only and does not constitute legal advise as there is no attorney-client relationship. Please feel to contact me if you need an attorney.

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Answered on 5/17/07, 4:03 pm


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