What Is a Notice of Claim?

A notice of claim is a sworn, written document. New York law requires you to serve it on a government entity before you can sue that entity for a personal injury. Under General Municipal Law § 50-e, you generally have 90 days from the date of the incident to file. Miss the deadline, and you may lose your right to sue entirely.

The notice of claim is not the lawsuit itself. It is the legal step that has to come first before you can sue a city, county, or state agency. It tells the government what happened, when, where, and who was hurt. That gives the agency a fair chance to investigate and possibly settle before the case ever reaches a courtroom.

The catch is that the rules are strict. A notice that is late, incomplete, or served on the wrong agency can sink an otherwise strong case. This guide explains who must file and what the document has to contain. It also covers the 90-day deadline and its narrow exceptions, how filing works in New York City, and what happens after you file.

When Is a Notice of Claim Required?

Not every injury triggers this requirement. A notice of claim is only required when the defendant is a government entity or a public employee acting in their official capacity. It is the difference between suing a private landlord and suing the City of New York.

You generally must file a notice of claim when your injury involves one of these:

• The City of New York or one of its agencies. That includes the NYPD, the Department of Sanitation, the Department of Education, and the Parks Department.
• The New York City Housing Authority (NYCHA)
• The MTA, NYC Transit Authority, or its subsidiaries (subways, city buses, Access-A-Ride)
• The Port Authority of New York and New Jersey
• A public school district or a state agency operating in the city

You generally do not need a notice of claim when the defendant is a private individual, a private company, or a private landlord. The one exception is property that NYCHA owns. A slip and fall in a privately owned store follows ordinary personal injury rules. A slip and fall on a defective city sidewalk does not.

Everyday situations in Queens and across NYC that require a notice of claim include several common ones. A fall on a cracked city sidewalk. An injury from a pothole or a broken traffic signal. A crash involving an MTA bus or the subway. An assault by a corrections officer or other police misconduct. An injury on NYCHA property. An accident at a public school. Or the wrongful death of a family member in government custody. Wrongful death claims against a government entity carry their own special deadline rule, explained below.

What Must Be in a Notice of Claim

General Municipal Law § 50-e(2) spells out exactly what the document must contain. Think of it as a checklist. Every item matters, because the agency and its lawyers will study the notice for any gap they can use against you later.

A valid notice of claim must include:

1. The claimant's name and address (and the attorney's name and address, if you are represented)
2. The nature of the claim. This is a plain description of what happened and why the government is responsible.
3. The time, place, and manner of the incident. Give the exact date, time, and location.
4. A description of the items of damage or injuries claimed (the statute requires "items of damage or injuries claimed so far as then practicable" — not a specific dollar amount, which is separately requestable by the municipality)
5. A signature, sworn before a notary public

Accuracy here is not a formality. It can decide the case. A vague location ("near the corner" instead of the specific address), a wrong date, or a failure to list one of your injuries can come back to hurt you. Courts have dismissed claims, or barred recovery for specific injuries, because they were not described in the original notice. That is one of the main reasons people work with an attorney on this step. Getting the facts exact, the entity correct, and the document properly sworn is harder than it looks.

The 90-Day Deadline and What Happens if You Miss It

The deadline is the single highest-stakes part of the entire notice of claim system. Under GML § 50-e, you generally have 90 days from the date of the incident to serve your notice.

That clock starts on the day the incident happened. It does not start when you discovered the full extent of your injuries, and not when you were finally discharged from the hospital. Ninety days can feel like a long time. But it moves fast when you are recovering, dealing with medical appointments, and trying to get your life back in order.

A few key points change how the deadline works:

• Wrongful death. When the claim is for wrongful death, the 90-day notice period runs from the appointment of a representative of the decedent's estate. It does not run from the date of death (GML § 50-e). The lawsuit itself, however, must still be commenced within two years of the date of death. This rule catches grieving families off guard, so it is worth confirming the dates with an attorney early.
• Minors (infancy). Being a minor does not pause, or "toll," the 90-day notice deadline. Families of injured children must still act within 90 days, or promptly ask the court for permission to file late. The longer one-year-and-90-day deadline for the lawsuit is tolled during infancy under CPLR § 208. But that does not rescue a missed notice deadline.
• Missing the deadline. If 90 days pass, your only path forward is to petition the court under GML § 50-e(5) for permission to file a late notice. Courts weigh several factors, including whether the government had actual knowledge of the essential facts within 90 days, whether you have a reasonable excuse for the delay, and whether the delay prejudiced the government's ability to defend the case. Approval is up to the judge and is never guaranteed. It is a fallback, not a safety net.

The notice of claim deadline is separate from the deadline to actually sue. Under GML § 50-i, in most cases you must commence the lawsuit itself within one year and 90 days of the incident. The NYC Comptroller's Office cannot settle a claim after that period has expired.

How to File a Notice of Claim in New York City

Where you file depends entirely on which government entity is responsible. Serving the wrong office is a classic way to lose a valid claim.

• City of New York and its agencies (NYPD, Sanitation, DOE, Parks, etc.): The notice is served on the NYC Comptroller's Office. It accepts claims online through its eClaim portal, by personal delivery, or by registered or certified mail, at 1 Centre Street, New York, NY 10007.
• MTA, NYC Transit, and subsidiaries: These are served on the MTA or the specific subsidiary involved. That could be the NYC Transit Authority, MABSTOA, or the MTA Bus Company, depending on which service you were riding. Filing against the wrong transit subsidiary can doom a claim, which is why identifying the correct entity matters so much.
• NYCHA: Served directly on the New York City Housing Authority.

After you file, you receive a claim number. A Comptroller examiner is assigned to investigate, and the city may demand a hearing before you can move forward.

What Happens After You File: The 50-h Hearing

Filing the notice starts a process, not a lawsuit. By law, the government gets at least 30 days before you can sue. That gives it time to investigate and possibly settle.

During that window, the government entity may demand a 50-h hearing, authorized by GML § 50-h. This is a sworn oral examination of you, the claimant. It is similar to a deposition, but it happens before a lawsuit is filed. Under oath, you answer questions about the incident, your injuries, your medical treatment, and the damages you suffered. You have the right to have your attorney present. You may also bring your own physician if a physical examination is ordered.

A few rules govern the timing and consequences of the 50-h hearing:

• The demand for the examination must be served within 90 days of the notice of claim.
• If the city demands a hearing but fails to hold it within 90 days of the demand, you may proceed to file your lawsuit anyway.
• The hearing is not optional. Failing to comply with a valid 50-h demand can bar you from continuing with your lawsuit altogether.

After the hearing, the city may offer a settlement. If no settlement is reached, or the 30-day waiting period passes with no resolution, you can file the lawsuit. You just have to do so within the one-year-and-90-day window under GML § 50-i.

Common Mistakes to Avoid

The notice of claim process is full of technical traps. The most damaging errors include:

1. Missing the 90-day deadline. This is the single worst mistake. No attorney can simply undo a blown deadline. The only remedy is a court petition that the judge may deny.
2. Filing against the wrong entity. Serving the City when the at-fault party was the MTA (or the reverse) can invalidate the claim. Each entity requires its own notice, served on its own correct office.
3. An inaccurate or vague incident description. A wrong address, the wrong date, or a fuzzy account of how the injury happened can be used to challenge your credibility, or your whole claim, later.
4. Failing to list all of your injuries. Injuries left out of the notice may be excluded from your compensation down the line.
5. Assuming infancy tolls the notice deadline. It does not. Families of injured children must still act within 90 days or ask the court for leave to file late.
6. Waiting too long to get legal help. An attorney can identify the correct government entity, draft the notice accurately, and serve it on time. But that only works if you reach out while there is still time on the clock.

Related Questions

Can I file a notice of claim without a lawyer?

Yes. The law does not require an attorney, and there is no government filing fee. But the rules around deadlines, required contents, and correct entity service are strict. A single error can permanently bar an otherwise valid case. Most injured people consult an attorney before filing because the stakes are too high to risk a paperwork mistake.

What is the difference between a notice of claim and a lawsuit?

A notice of claim is a sworn document that tells a government entity you intend to seek damages. It is a required first step, not the lawsuit itself. A lawsuit is the formal legal action filed in court. You cannot sue a government entity until you have served a valid notice of claim and the waiting period, including any 50-h hearing, has run its course.

Do I need a notice of claim for an MTA bus or subway accident?

Yes. The MTA and its subsidiaries are public entities, so injuries on city buses, the subway, or Access-A-Ride require a notice of claim within 90 days. The hard part is identifying and serving the correct subsidiary: the NYC Transit Authority, MABSTOA, or the MTA Bus Company. Serving the wrong one can defeat the claim entirely.

Can I amend a notice of claim after it has been filed?

Sometimes. Courts may allow amendments to correct good-faith errors, such as a misstated address, as long as the change does not fundamentally alter the nature of the claim. Amendments that try to add a new injury or a whole new theory are far harder to obtain. Getting the original notice right is always easier than seeking permission to fix it later.

How much does it cost to file a notice of claim in NYC?

There is no government filing fee to serve a notice of claim on the NYC Comptroller or another city agency. If you hire a personal injury attorney, firms like The Orlow Firm handle these cases on a contingency basis. No upfront cost, and the fee comes only out of a recovery if your case succeeds.

Who do I serve a notice of claim on in New York City?

It depends on the responsible entity. Claims against the City of New York and its agencies go to the NYC Comptroller's Office. MTA and transit claims go to the MTA or the specific subsidiary involved. NYCHA claims are served directly on NYCHA. Serving the wrong office is one of the most common, and most preventable, ways a valid claim is lost.

How These Rules Play Out in Real Cases

The notice of claim is the first step toward some of the most significant injury recoveries against city entities. The Orlow Firm recovered $1,250,000 in a wrongful death case after a diabetic man died in custody. He was held roughly 40 hours without insulin. That claim against the city began with this required first step. In another matter, the firm secured $650,000 for a motorcycle passenger struck by a police car who needed surgery for a fractured jaw. Claims against the NYPD likewise depend on a timely, correctly served notice of claim.

Prior results do not guarantee a similar outcome.

Contact The Orlow Firm

Were you injured in an accident involving a city agency, the MTA, NYCHA, or another government entity in Queens or anywhere in New York City? The 90-day clock may already be running. At The Orlow Firm, our attorneys have handled government-entity injury cases throughout New York City since 1982. We know which agencies to notify, how to prepare the notice correctly, and how to protect your rights from day one.

Call (646) 647-3398 for a free consultation. There is no fee unless we win, and se habla español.

Sources & Official Resources

New York Laws Cited

1. NY General Municipal Law § 50-e — Notice of Claim Requirements
2. NY General Municipal Law § 50-h — Examination of Claims (50-h Hearing)
3. NY General Municipal Law § 50-i — Statute of Limitations (1 Year and 90 Days)
4. CPLR § 208 — Tolling During Infancy or Disability

Official NYC Resources 5. NYC Comptroller — File a Claim 6. NYC Comptroller — Personal Injury Claim FAQs