If I sue a new york city employee in both their individual capacity am i still required to file a notice of claim as opposed to just filing suit directly against them as an individual?
1 Answer from Attorneys
NYC employees are immune from suit in any capacity if they are named as a defendant in any suit other than a suit brought under 42 U.S.C. ss 1983. If you have a suit under a tort claim where you are alleging damage to property or person then you must file a Notice of Claim with the Comptroller's Office within 90 days of the alleged tort.