Wednesday, March 31, 2021

Suing The City of New York? Don't Sit On Your Rights!

Commencing litigation in New York City against a private entity is an undertaking. But, suing the City of New York in state court starts with a big-time crunch, so don't sit on your rights! 


 I am re-publishing a blog post I authored that outlines the best practices when you think you have a case against the City of New York:


In New York, if you are suing any state or local government municipality or authority, you have, in most cases, 90 days to submit a Notice of Claim to the proper entity. The time period starts accruing from the date that the event triggering your claim occurred. In the Notice of Claim, you must give your personal information, the date, time and location of occurrence, a brief description of the incident in question and a brief description of the damages claimed. 


This Notice of Claim, in New York, must then be delivered to the proper entity - or entities if you are not sure if one or many are involved - at the proper location. To find a listing of entities and municipalities and addresses for service of process, New York City publishes the searchable New York City Green Book online. 


After filing the Notice of Claim, the noticed entity has the right to a 50-H hearing (referring to a section of the NY General Obligations Law), which is an investigative proceeding much like a deposition where the entity has an opportunity to ascertain additional facts about the claim. 


Different municipal entities and authorities have different statutes of limitations, ranging from one year to one year and ninety days, depending upon who you are and why you are suing the entity.  

When taken altogether, this means your attorney needs to ramp up the initial work-up and investigation of your matter faster than the average case in litigation.  Always remember that time is of the essence when bringing a claim against the government of New York.

Gene Berardelli is a street-smart attorney with with over fifteen years of experience in civil and commercial litigation. Gene has achieved several career achievements, including successfully settling a seven-figure personal injury claim, successfully arguing before the New York State Appellate Division and successfully representing clients in trial litigation, mediations and arbitrations against such recognizable entities as the City of New York, New York City Transit Authority, JPMorgan Chase, TD Wealth Management Services, Inc., The Long Island Railroad, and Macy*s. Gene is also a noted New York Election Law expert who has had his opinions cited in scholarly works and published in news and feature articles.


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