Weinstein Law Blog

Friday, October 28, 2016


I Want to Sue The City

              If you wish to bring a lawsuit against New York City or other such municipality, there is an initial hurdle everyone must walk through – the Notice of Claim.

What is a Notice of Claim?

              In New York, the law provides that within 90 calendar days of the incident which is the basis for the lawsuit, you must give notice to the municipality.  Then, after such notice, the municipality has a right to conduct a hearing within a period of time.  The Notice of Claim works as a pre-litigation tool allowing for offers of settlement prior to going to court. 

              Once you bring a Notice of Claim, you have one-year and ninety-days to sue in court.  Theses deadlines are strictly enforced.  They do not toll, except under limited circumstances.

What Happens If I Did Not Bring the Notice of Claim on Time?

              The 90-day deadline is strict and can be fatal to your claim.  However, do not let that stop you from moving forward.  A skilled attorney understands that nothing is dead until it is declared so by the court.  Courts may overlook the 90-day deadline, and are often inclined to do so.  This is especially so when a public policy issue is at hand, such as civil rights violations or infant rights.

What Happens After the Notice of Claim?

              The municipality/city has a right to examine you before any lawsuit may be brought.  This is called a 50 (h) hearing.  If you are claiming physical injury, the City has a right to have you independently examined, upon reasonable notice.  It is extremely important that you have competent and experienced attorney for this hearing.  The 50 (h) hearing will be recorded/transcribed and will be used against you in court.  You need an experienced and strong attorney to properly prepare and help you through this hearing. 


For an experienced and strong attorney, call the Law Office of Jacob Z. Weinstein, PLLC at 646-450-3484



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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.