The 90-day notice of claim
In New York, you cannot sue a city, county, town or village under state law for what its police did unless you first served a notice of claim, and the notice is due within 90 days after the claim arose. That is the shortest clock in a police abuse case, and it usually runs out while the criminal case is still open. The federal claim under Section 1983 needs no notice at all. This page explains what the notice is, what goes in it, where it goes, what happens after, and what a court can and cannot do when it is late.
Most people who were arrested do not think about suing until the criminal case is over, and by then the state-law claims against the City are usually gone. The notice of claim exists to give the municipality early warning and an early chance to investigate, and courts enforce it strictly. The good news is that it costs nothing to serve one and nothing to abandon it later. The rule is: serve it, then decide.
The rule
New York General Municipal Law § 50-e(1)(a) requires that, in any case founded on tort where a notice of claim is a condition precedent to suit against a public corporation or its employees, the notice be served "within ninety days after the claim arises." Section 50-i(1) makes the notice a condition of any action against a city, county, town or village for personal injury caused by the negligence or wrongful act of the municipality or its employees, requires that at least 30 days pass after the notice before suit, and requires that the action be commenced "within one year and ninety days after the happening of the event." The City's own Comptroller states the two rules the same way: notices within 90 days of the incident, lawsuits within one year and 90 days.
The three numbers
90 days from the date the claim arose to serve the notice. 30 days after service before suit may be filed. One year and 90 days from the event to file suit. For a wrongful death claim, the 90 days run from the appointment of the estate's representative, and suit must be brought within two years of the death (§ 50-e(1)(a); § 50-i(1)).
The notice must state the name and address of the claimant and the claimant's attorney, the nature of the claim, the time when, the place where and the manner in which the claim arose, and the injuries or damages claimed (§ 50-e(2)). It is served by personal delivery or by registered or certified mail on the officer the law designates to receive it (§ 50-e(3)); for the City of New York, that is the Comptroller. A notice sent to the precinct, the police department or the Law Department is not a notice of claim.
When does the claim "arise"?
For false arrest, assault and battery, the claim arises on the day of the incident, and the 90 days run from then. For malicious prosecution, the claim arises when the criminal proceeding ends in your favor, so the 90 days run from the dismissal, not the arrest. A person with both claims has two notice deadlines. The deadline tool counts every clock from the incident date and says so; for a malicious prosecution claim, have a lawyer count from the date the case actually ended.
The 50-h examination
Once the notice is served, the municipality may, within 90 days, demand that the claimant appear for an examination under oath about the claim (N.Y. Gen. Mun. Law § 50-h). This is the "50-h hearing." It is a deposition in all but name: a lawyer for the City asks about the incident, the injuries and the treatment, and the answers are transcribed and can be used later. If the claimant fails to appear, the lawsuit cannot proceed until the examination is held. If the City demands the examination but does not hold it within 90 days of the demand, the claimant may sue without it.
If a criminal charge is still pending when the 50-h is scheduled
The 50-h examination is sworn testimony about the same events as the criminal charge, and the City's lawyer is not your friend. A claimant with an open charge should not sit for a 50-h without both the civil lawyer and the criminal defense lawyer having decided how to handle it. The examination can often be adjourned until the criminal case resolves. The criminal case and civil case page explains the interaction.
When the notice is late
Section 50-e(5) allows a court, in its discretion, to grant leave to serve a late notice of claim, but only on an application made before the limitation period for the claim has run. For most claims against a municipality that is one year and 90 days after the event. After that date the court has no power to grant leave, and the state claims are gone. Before that date, the court weighs whether the municipality had actual knowledge of the essential facts within the 90 days or a reasonable time after, whether there is a reasonable excuse, and whether the delay prejudiced the municipality. In a police case, the arrest report, the body-camera footage and the criminal complaint are often the municipality's own records of the essential facts, which is the strongest argument for leave. It is an argument, not a right.
| Defendant | Notice or claim due | Suit due | Authority |
|---|---|---|---|
| City of New York (NYPD, Department of Correction) | Notice of claim, 90 days, to the Comptroller | 1 year and 90 days | Gen. Mun. Law §§ 50-e, 50-i; Comptroller FAQ |
| Another city, county, town or village | Notice of claim, 90 days, to the designated officer | 1 year and 90 days | Gen. Mun. Law §§ 50-e, 50-i |
| State of New York (State Police, DOCCS) | Claim or notice of intention in the Court of Claims, 90 days | Set by the Court of Claims Act; a timely notice of intention extends it | Court of Claims Act § 10(3), (3-b) |
| Individual officer, federal claim | None | 3 years | Felder v. Casey; Owens v. Okure; CPLR 214(5) |
What the notice does not cover
The notice of claim is a condition of the state-law claims only. The Supreme Court held in Felder v. Casey, 487 U.S. 131 (1988), that a state notice-of-claim statute cannot be applied to a Section 1983 claim, and the federal claim in New York has three years (Owens v. Okure, 488 U.S. 235 (1989); CPLR 214(5)). Losing the state claims does not lose the case. It loses the direct claim against the City, which the federal claim reaches only through the harder route of Monell, and it loses the state-law torts, which are decided under their own rules rather than the federal qualified immunity doctrine.
The City's 2021 civil rights law is a separate question. Its claim against an NYPD employee and the City for unreasonable search, seizure or force has a three-year limitation period "notwithstanding section 50-k of the general municipal law or any other provision of law" (N.Y.C. Admin. Code § 8-806), and the statute says that exhaustion of administrative remedies is not required (§ 8-803). Whether a notice of claim under § 50-e is required for that claim is a question we have not found an appellate decision on, and we do not publish an answer. We serve the notice within 90 days anyway. The city law page has the rest.
New Jersey and Florida have their own versions
New Jersey's Tort Claims Act requires a notice within 90 days of accrual for a tort claim against a public entity, a six-month wait before suit, and suit within two years, with a late notice possible within one year on a showing of extraordinary circumstances (N.J.S.A. 59:8-8, 59:8-9). The notice does not apply to claims under the New Jersey Civil Rights Act (Owens v. Feigin, 194 N.J. 607 (2008)). Florida requires written notice to the agency, and in most cases to the Department of Financial Services, within three years, with a six-month wait (Fla. Stat. § 768.28(6)). The New Jersey and Florida pages go through each.
Every deadline
Federal and state, by agency and by claim, in one place.
Deadlines →New York, agency by agency
The City, other municipalities, the State Police and state prisons, the Court of Claims.
New York →The first week
What to write down, what to request, what not to say, and who to call.
What to do after →Common questions
Do I need a notice of claim to sue under Section 1983?
No. The Supreme Court held in Felder v. Casey that a state notice-of-claim requirement cannot be applied to a federal Section 1983 claim. The notice is required for the state-law claims (assault, battery, false arrest and false imprisonment, malicious prosecution and negligence under New York law) against the municipality and its employees. Those claims add the City as a defendant directly, which is why we serve the notice in nearly every case.
The 90 days have passed. Is it over?
For the state-law claims, not necessarily. A court may grant leave to serve a late notice, but only if the application is made before the limitation period for the claim has run, which for most claims is one year and 90 days after the event. After that the court has no power to extend. The federal claim is unaffected either way and has three years.
What is a 50-h hearing?
After a notice of claim is served, the municipality may demand to examine the claimant under oath about the claim, within 90 days of the notice. The examination is called a 50-h hearing after the section of the General Municipal Law that provides for it. If you do not appear, the lawsuit cannot proceed until you do. If the municipality demands the hearing but does not hold it within 90 days of the demand, you may sue without it.
Does the notice go to the police department?
No. For the City of New York, notices of claim are filed with the Comptroller. For other municipalities, the statute names the officer designated to receive service, which varies. A notice served on the wrong office is not served. This is a question to have a lawyer answer for the specific agency.
Tell us what happened.
One conversation with an attorney, in your language. We tell you which claims the facts support, which deadline runs first for the agency involved, what evidence to preserve this week, and whether a pending criminal case changes the timing. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510If a criminal charge is still open, talk to your defense lawyer before you describe the arrest to anyone, including us. English, Russian and Spanish in-house; an interpreter for any other language. Contingency fee, confirmed in writing before we begin.