How to File a Notice of Claim Against New York City

If a New York City agency, the NYPD, or another municipality hurt you or violated your rights, you cannot simply file a lawsuit. State law makes you take a required first step, and it comes with a short deadline that surprises people. That step is the Notice of Claim. Miss it and your state-law case can be over before it starts.

This page walks through what a Notice of Claim is, what it has to say, and the deadlines that follow, in plain language.

What a Notice of Claim is

A Notice of Claim is a formal written document that tells a government defendant you intend to sue and why. Its purpose is to give the City an early chance to investigate while the facts are fresh. It is not the lawsuit itself. It is the prerequisite that the law requires before you are allowed to sue most municipal defendants in New York.

The 90-day deadline

The core rule: you must serve the Notice of Claim within 90 days of the incident. This is the deadline that catches people. Ninety days is not long, and it starts running from the date you were harmed. Because of that, the single most important thing you can do is act early, before the window closes.

What to include in the notice

The Notice of Claim has to give the City enough to investigate. At a minimum it should state:

• Your name and address (and your attorney’s, if you have one)
• The nature of the claim, meaning what the City or its employees did
• Where the incident happened
• When it happened, the date and time
• How it happened, described clearly
• The injuries or damages you suffered

Vague or incomplete notices cause real problems, so the details matter. This is one reason people bring in a lawyer at this stage rather than after.

Where and how to serve it

A Notice of Claim against the City of New York is generally served on the Comptroller for the City of New York. Other municipalities, counties, and public authorities each have their own proper party to serve, and serving the wrong entity can waste the deadline. Confirming who to serve, and doing it correctly, is part of getting this right.

The 50-h hearing

After you serve the notice, the City often demands a 50-h hearing. This is an examination under oath, named for the statute that authorizes it, where the City’s lawyer questions you about what happened before any lawsuit moves forward. It is a serious step. What you say is on the record, so going in prepared, ideally with counsel, matters a great deal.

Deadlines by defendant

Not every deadline is the same, which is exactly why these cases trip people up.

1. State-law claims against the City or a municipality: Notice of Claim within 90 days, then file suit within one year and 90 days of the incident, with a possible 50-h hearing in between.
2. Federal §1983 claims: Constitutional claims under 42 U.S.C. §1983 generally have a three-year statute of limitations in New York and are not subject to the Notice of Claim rule at all.

Because your case may include both state and federal claims, you can be working two different clocks at once. It is common to pair them, and the state deadline is almost always the one that forces you to move fast. If your matter involves false arrest, police brutality, or excessive force, both tracks likely apply.

Why timing decides these cases

The 90-day window is unforgiving. Courts can allow a late notice in limited circumstances, but that is never something to count on. The reliable path is to preserve evidence and get the notice served correctly and on time.

Sullivan & Brill handles this from the first day so nothing lapses. We are partner-led with eight New York offices, and we pledge to represent you as one of our own. Cases run on contingency, with no fee unless we recover for you, and the consultation is free and confidential, available 24/7. If a City agency or the NYPD harmed you, contact us right away, or read our civil rights overview.