Notice-of-Claim Requirements
If an injured person sues an officer or employee of a public corporation or other government organization, New York law requires that notice of the person's claim be given to the proper government entity in a notice of claim, pursuant to General Municipal Law § 50-e. This notice-of-claim rule applies to personal injury lawsuits against public hospitals, transportation systems and schools as well as government-owned utilities and other operators providing public services. Therefore, people who are hit by city buses, suffer from malpractice at county hospitals or slip and fall in municipal buildings must provide a proper notice of claim if they sue the government operator or entity for damages. Some examples of entities requiring a notice of claim include:- The City of New York
- Metropolitan Transportation Authority (MTA)
- Port Authority of New York and New Jersey
- Manhattan and Bronx Surface Transit Operating Authority (MABSTOA)
- Staten Island Rapid Transit Operating Authority (SIRTOA)
- New York City Housing Authority
- New York City Health and Hospitals Corporation
- The defendant's actual knowledge of the claim within the first 90 days, considering available police reports or internal investigations of the event
- Whether the injured person is a minor or mentally or physically incapacitated
- Whether the injured person's notice is late due to action of the defendant such as settlement discussions
- Whether the injured person made an excusable error in identifying the appropriate government entity
- Whether the delay would substantially prejudice, or harm the defendant's case



