What Is a 50-h Hearing?

A 50-h hearing is a sworn, pre-lawsuit examination required by New York General Municipal Law § 50-h. You have to go through it before you can sue a city, county, school district, or public authority for personal injury. After you file a Notice of Claim, the municipality's attorney questions you under oath about the accident and your injuries. The hearing is recorded, and the transcript becomes part of your permanent case record.

Have you been injured by a New York City agency, public school, or transit authority? If you have already served a Notice of Claim, a 50-h hearing NYC is most likely the next step before any lawsuit can move forward. It is not a trial, and it is not exactly a deposition. It is a statutory checkpoint the law gives municipalities the right to demand. How you handle it can shape the entire value of your claim.

Below, we walk through the three laws that govern injury claims against New York municipalities. We also cover what actually happens at a 50-h hearing, the types of cases that require one, and how to prepare. At The Orlow Firm, we have handled municipal injury claims throughout New York City for more than 40 years. The 50-h hearing is a stage we guide clients through routinely.

The Statutory Framework: Three Laws That Govern Municipal Injury Claims

Suing New York City, or any public entity in the state, is not like suing a private company. A separate set of rules in the General Municipal Law applies. Three sections work together to create the timeline you have to follow, and understanding all three is the only way the 50-h hearing New York process makes sense.

GML § 50-e: The Notice of Claim

Before you can do anything else, you must file a Notice of Claim. Under New York General Municipal Law § 50-e, that notice generally must be served within 90 days of the incident. In a wrongful death case, the 90 days runs from the appointment of the estate's representative rather than the date of death. (GML § 50-e)

The written notice must identify your name and address and describe the nature of the claim. It also has to state the time, place, and manner in which the incident happened, and describe the injuries and damages you are claiming. It is filed against the public corporation involved. That may be a city, county, town, village, fire district, school district, or public authority.

Missing the 90-day window is not always fatal. Courts can permit a late Notice of Claim based on a few factors. These include whether the municipality already had actual knowledge of the facts, whether the claimant was an infant or under a disability, and whether the late filing would hurt the municipality's defense. Still, the safe course is to treat the 90 days as a hard deadline, because permission to file late is never guaranteed.

GML § 50-h: The Examination

Once your Notice of Claim is on file, the municipality may demand a 50-h examination. Under GML § 50-h, the municipality must serve its demand for the hearing within 90 days of the filing of the Notice of Claim. That stretches to 100 days if the claim was served through the Secretary of State. After the demand is served, the municipality then has 90 days to actually conduct the examination. (GML § 50-h)

The statute gives you important rights at this stage. You may bring your own attorney, and you may bring your personal physician if a physical examination is also scheduled. The examination is taken under oath and recorded in full by a court reporter. The resulting transcript is confidential from third parties unless a court orders otherwise, but it must be furnished to you or your attorney on request.

One detail matters enormously if you are running up against a deadline. If the municipality fails to hold the hearing within 90 days of serving its demand, you may start your lawsuit without having completed the examination.

GML § 50-i: The Statute of Limitations

The third law sets the outer deadline to sue. Under GML § 50-i, you have 1 year and 90 days from the date of the incident to file a personal injury lawsuit against a municipality. That is meaningfully shorter than the three-year statute of limitations that applies to most personal injury cases in New York under CPLR § 214. The same section also bars you from filing suit until at least 30 days have passed since you served the Notice of Claim. (GML § 50-i)

Here is where these deadlines collide in practice. Suppose your 1-year-and-90-day cutoff is approaching, but the city demanded a 50-h hearing and then never scheduled it within its own 90-day window. In that situation, you may be able to file suit even though the examination never took place. The interaction of these timelines is genuinely tricky and the stakes are high. This is exactly the kind of situation where you should consult an attorney rather than guess.

What Happens During a 50-h Hearing?

A 50-h hearing rarely takes place in a courtroom. More often it is held at the NYC Law Department offices, a government building, or the legal department of the agency you have a claim against. Some are now conducted remotely. The setting is informal, but the proceeding is formal: you are under oath, and a court reporter is recording every word.

The people in the room typically include you, your attorney, the attorney representing the municipality or city agency, and the court reporter. If a physical examination is scheduled alongside the testimony, your personal physician may attend as well.

The municipality's attorney leads the questioning, and the scope tends to follow a predictable path:

• Background: your name, address, date of birth, and employment history.
• The incident: the date, time, and exact location, what you were doing beforehand, what caused it, and how it unfolded step by step.
• Witnesses and evidence: who saw what happened, whether you reported it, and whether any photos or video exist.
• Injuries: every injury and symptom you have experienced, including ones not yet formally diagnosed.
• Medical treatment: the doctors and hospitals you saw, medications, surgeries, and ongoing care.
• Impact on your life: missed work, activities you can no longer do, pain and suffering, and any loss of earning capacity.
• Prior history: earlier accidents or injuries to the same body parts.

The injury questions deserve special attention. Any injury you fail to mention at the 50-h can later be challenged as unrelated to the incident, even if it surfaces afterward. So disclose every symptom, including ones you have not yet seen a doctor about. That way nothing is excluded from your claim later.

How a 50-h Hearing Differs From a Deposition

People often assume a 50-h hearing is just a deposition by another name. They are related but not the same. A deposition happens during active litigation and can range across a broader set of issues. A 50-h examination happens before any lawsuit is filed and stays more tightly focused on how the incident occurred and the extent of your injuries.

The most important structural difference is that the 50-h hearing is one-directional. Only the claimant testifies. You do not get to question the municipality's witnesses at this stage. That asymmetry is exactly why preparation matters so much. It is your testimony, and only your testimony, that gets locked into the record.

How the 50-h Hearing Affects Your Personal Injury Claim

A 50-h hearing is not a procedural box to check and forget. It shapes the case in several lasting ways.

First, it is a prerequisite to filing suit. You generally cannot start a personal injury lawsuit against a municipality unless you have complied with a valid 50-h demand. The exception is when the municipality failed to schedule the examination within 90 days of its demand.

Second, your testimony is locked in. The transcript travels with the case through settlement negotiations, depositions, summary judgment motions, and trial. Testimony that is consistent and credible strengthens the claim. Contradictions between your 50-h answers and anything you say later give the city's attorneys an opening to attack your credibility.

Third, the hearing factors into the city's settlement evaluation. After the examination, the municipality evaluates how strong the claim looks. A credible claimant with serious, well-documented injuries can strengthen that evaluation. That may improve your position as the case moves forward.

Fourth, undisclosed injuries get disclaimed. As noted above, injuries you do not raise at the hearing can be challenged as unrelated to the accident later on. Accurate disclosure of every symptom, including the minor ones, is what protects the full scope of your claim.

For example, the firm has handled cases such as a nurse who slipped at a city-run facility and required two knee surgeries. We also handled a repairman who slipped on ice at a public school and needed knee surgery. Both involved municipal defendants where the Notice of Claim and 50-h process applied. Both show how serious, documented injuries factor into the value of a municipal claim. Prior results do not guarantee a similar outcome.

Types of Cases That Require a 50-h Hearing

A wide range of New York City injury claims run through this process. Common examples include:

• Slip, trip, and fall on city-owned property such as sidewalks, parks, and public buildings, filed against the City of New York or the New York City Housing Authority.
• NYC Transit and MTA accidents involving buses, subways, or city vehicles.
• NYC Department of Education school injuries caused by unsafe conditions, inadequate supervision, or school bus accidents.
• NYPD or FDNY misconduct claims, including excessive force, false arrest, and wrongful death in custody.
• NYC Health + Hospitals malpractice at facilities like Bellevue, Harlem Hospital, or Elmhurst.
• Construction accidents on city-owned or city-contracted sites.
• NYC Parks Department hazards such as playground equipment failures or tree falls in city parks.

One nuance: claims against the MTA and NYC Transit technically fall under the Public Authorities Law rather than the General Municipal Law. The notice-of-claim requirement and the 50-h examination still apply in a closely analogous form, so the core process feels the same. An attorney will identify the correct authority to file against and confirm which specific rules govern your claim.

What Happens If You Miss a 50-h Hearing?

Skipping a properly demanded 50-h hearing is a serious risk. If you fail to appear without a documented, legitimate reason, such as a genuine medical incapacity, you generally cannot maintain the action. The city can then move to dismiss your lawsuit.

Courts have shown some flexibility, but only in narrow circumstances. In one case, a claimant was out of the country and had properly contacted the agency, and the court allowed the hearing to be rescheduled. Simply failing to show up, or having counsel announce you are unavailable without actually requesting a new date, has led to dismissal. The takeaway is simple. Never ignore a 50-h demand notice from the city. If you cannot attend, request a reschedule through proper channels and document it.

The one situation where you may move forward without the examination is when the municipality itself failed to schedule the hearing within 90 days of its demand. In that window, the law lets you file suit without having completed the examination.

How to Prepare for Your 50-h Hearing

Good preparation is the difference between a hearing that supports your claim and one that quietly undermines it. The following steps help you walk in ready:

• Retain an attorney before the hearing, not after. The transcript is your permanent record, and there is no do-over once it is taken.
• Review the incident thoroughly. Be clear on the date, time, exact location, and sequence of events, and do not guess where your memory is uncertain.
• Compile your medical records. Gather discharge papers, bills, and treatment records received to date.
• Know every symptom and injury, including those you have not yet had treated, and disclose them all.
• Answer briefly and directly. Respond to the question asked without volunteering extra information.
• Say "I don't remember" when that is the truth. An honest non-answer is far better than a guess that later proves wrong.
• Dress appropriately. A 50-h is a formal legal proceeding even without a judge present.
• Remember whose side the questioner is on. The municipality's attorney is not there to help you; their job is to protect the city.

These habits keep your testimony accurate and complete, which is exactly what a strong claim is built on.

Frequently Asked Questions

Do I have to attend a 50-h hearing in NYC?

Attendance is effectively required if the municipality serves a valid demand. Failing to appear without a legitimate, documented reason — such as a genuine medical incapacity — generally means you cannot maintain your lawsuit, and the city can move to dismiss it. If you cannot attend, request a reschedule through proper channels and document your effort rather than simply not showing up.

Can I have a lawyer at my 50-h hearing?

Yes. GML § 50-h expressly gives you the right to be represented by an attorney at the examination. You may also bring your personal physician if a physical examination is scheduled. Because the transcript becomes part of your permanent record, having counsel prepare you and attend is strongly advisable.

How long do I have to file a Notice of Claim in NYC?

Generally 90 days from the date of the incident under GML § 50-e. In a wrongful death case, the clock runs from the appointment of the estate's representative. Courts can sometimes permit a late filing, but that permission is discretionary and never guaranteed, so the 90-day window should be treated as firm.

What is the statute of limitations for suing New York City?

Under GML § 50-i, you generally have 1 year and 90 days from the date of the incident to file a personal injury lawsuit against a municipality. That is shorter than the standard three-year personal injury deadline in New York under CPLR § 214. No suit can begin until at least 30 days after the Notice of Claim is served.

Is a 50-h hearing the same as a deposition?

No. A 50-h hearing happens before a lawsuit is filed and focuses on how the incident occurred and the extent of your injuries. A deposition happens during active litigation and can cover a broader range of issues. The 50-h is also one-directional: only the claimant is examined, and the municipality's witnesses are not questioned at this stage.

What happens after a 50-h hearing?

After the examination, the municipality evaluates your claim using the transcript and your medical documentation. A credible claimant with serious, well-documented injuries may see a more meaningful settlement discussion. If the case does not resolve, the transcript continues to follow it through depositions, motions, and trial.

This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.

Sources & Official Resources

New York Laws Cited

1. GML § 50-e — Notice of Claim (90-day filing requirement)
2. GML § 50-h — Municipal Examination of Claimant
3. GML § 50-i — Statute of Limitations for Municipal Claims
4. CPLR § 214 — Three-Year Statute of Limitations (Personal Injury)

Helpful Resources 5. NYC Comptroller — File a Claim Against New York City

Contact The Orlow Firm

Have you been injured by a New York City agency, public school, transit authority, or other municipal entity? A 50-h hearing will likely be a required step before you can file your lawsuit. What you say, and how you say it, at that hearing can shape the entire course of your case.

The Orlow Firm has handled municipal injury claims throughout New York City for more than 40 years. We have experience in both state and federal courts, including the Eastern and Southern Districts of New York. We prepare clients for the 50-h examination so their testimony protects, rather than undermines, the full value of their claim.

Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win.

Se Habla Español