The 90-day rule
What Is a Notice of Claim in NYC?
A notice of claim is a sworn, written statement telling a public body that you were injured and intend to hold it responsible. In New York City you generally cannot sue the City, NYCHA, the MTA or another public authority unless one was served within 90 days of the accident under General Municipal Law § 50-e.
Who it applies to
Claims against the City of New York and its agencies, such as a defective city sidewalk, a Sanitation or NYPD vehicle, or a city park. NYCHA and the MTA and NYC Transit are separate authorities with the same 90-day rule, so their notices go to them, not the City.
What it must include
It must be in writing and sworn. It states your name and address, the nature of the claim, the time, place and manner of the accident, and your injuries as far as you know them. Give the exact location: a wrong address is a common reason claims fail.
Where to file against NYC
With the NYC Comptroller. Online through eClaim, which needs no notary, or on a notarized paper form delivered in person or by certified mail to 1 Centre Street, Room 1225, New York, NY 10007. The Comptroller does not accept notices by email. Its personal injury notice of claim form for NYC is available through eClaim.
After you file
The City may call you to a 50-h hearing, a sworn question session that can include a medical exam. You cannot sue until you have attended it if asked, and you must wait 30 days after filing. The lawsuit itself is due within one year and 90 days.
How to file a notice of claim in NYC, step by step
- Work out who owns the place or vehicle. The City, NYCHA, the MTA, the State or a private owner each have a different process. Our guide to which authority owns the road shows how this works on Staten Island.
- Count 90 days from the accident and write the due date down.
- Collect the facts: exact address and cross street, photos of the defect or vehicle, witnesses, and your medical treatment so far.
- Complete and swear the notice. Use eClaim for a City claim, or have the paper form notarized.
- Serve it on the right body and keep the eClaim confirmation or certified-mail receipt.
- Attend the 50-h hearing if one is demanded. If the claim does not settle, file suit before one year and 90 days.
Missed the 90 days?
A court can allow a late notice of claim, but only on an application made before the one-year-and-90-day lawsuit deadline runs out. Judges look at whether the City or authority learned the essential facts within 90 days or soon after, whether you were a child or incapacitated, and whether the delay hurt its ability to investigate. The sooner you act, the better the chance.
At a glance
Every New York Injury Deadline, From 24 Hours to 3 Years
The notice of claim is one of several early deadlines. Most people only know the three-year rule, but the deadlines that end the most cases come in the first days and weeks after an accident.
What’s in the PDF
More Than This Page Can Hold
This page explains the deadlines. The PDF is the part you keep: it adds the offices, addresses and forms behind each notice, and pages to fill in as your claim moves.
- Where to file each noticeNYC Comptroller, NYCHA and MTA, MVAIC, the Court of Claims and your no-fault insurer, with addresses, forms and what each one needs.
- A fill-in deadline trackerWrite your accident date, every due date that applies, and the day you sent each notice.
- A documents checklistTen things to gather, from the police report number to a daily pain note.
- An insurance call logRecord every adjuster call: who, when, the claim number and what they asked.
- The full deadline tableTen deadlines with the statute behind each, plus when the clock can pause.
The deadlines
Notice of Claim and Other New York Deadlines
Time generally runs from the date of the accident or injury unless noted.
| When | What has to happen | Law |
|---|---|---|
| 24 hours | Report a hit-and-run to the police to qualify for MVAIC benefits | Ins. Law § 5208 |
| 30 days | File your no-fault (PIP) application after a car crash | 11 NYCRR Part 65 |
| 90 days | Serve a notice of claim on the City, MTA, NYCHA or another public body | Gen. Mun. Law § 50-e |
| 90 days | File a notice of intention with MVAIC (hit-and-run or uninsured driver) | Ins. Law § 5208 |
| 90 days | File a claim, or serve a notice of intention, against the State of New York in the Court of Claims | Ct. Claims Act § 10 |
| 1 year | Sue for assault, battery or other intentional harm | CPLR § 215 |
| 1 year 90 days | Start a lawsuit against a public body | Gen. Mun. Law § 50-i |
| 2 years | Wrongful death lawsuit, counted from the date of death | EPTL § 5-4.1 |
| 2 years 6 months | Medical malpractice lawsuit | CPLR § 214-a |
| 3 years | Most personal injury lawsuits: car, truck and motorcycle crashes, slip and falls | CPLR § 214 |
Need to know where each notice goes? The free PDF covers the office, address and paperwork for each one. For the full explanation of each rule and its exceptions, read our guide to the personal injury statute of limitations in New York.
Sidewalk Falls: City or Owner?
Many NYC sidewalk falls are not claims against the City at all. Owners of most commercial and larger buildings must maintain the sidewalk in front of their property, so the claim is against the owner and the three-year rule applies. The City is usually responsible next to owner-occupied one- to three-family homes, and then the 90-day notice of claim applies. See NYC Code § 7-210 explained and who is liable for a sidewalk fall in NYC.
Did the 2026 Reforms Change These Deadlines?
No. The 2026 motor vehicle reforms changed the serious injury definition and fault rules for car-crash cases, as set out in DFS Insurance Circular Letter No. 3 (2026), but left the filing deadlines alone. The Grieving Families Act was vetoed again in December 2025, so the two-year wrongful death rule still applies.
Hurt in a car crash? Start with the 30-day step in our guide to New York no-fault insurance.
Local help
Find Help in Your Borough
The notice of claim rules are the same in every borough, but who owns the street, the evidence and the courts differ.
Not sure how much time has passed? Read when to contact a personal injury lawyer.
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Questions
Frequently Asked Questions
How long do I have to file a notice of claim in NYC?
Generally 90 days from the accident. The notice must be served on the City, NYCHA, the MTA or the other public body involved within that time. In a wrongful death claim, the 90 days run from the appointment of the estate representative.
Where do I file a notice of claim against the City of New York?
With the NYC Comptroller, either online through eClaim or on a notarized paper form delivered in person or by certified mail to 1 Centre Street, Room 1225, New York, NY 10007. Notices against NYCHA or the MTA go to those authorities, not the Comptroller.
Does a notice of claim have to be notarized?
The notice must be sworn. A paper notice to the NYC Comptroller must be notarized, but a claim filed online through eClaim does not need a notary.
What happens if I miss the 90-day deadline?
You can ask a court for permission to serve a late notice of claim, but the request must be made before the one-year-and-90-day lawsuit deadline expires. The court looks at whether the public body knew the essential facts in time, the reason for the delay, and whether the delay hurt its investigation.
What is a 50-h hearing?
It is a sworn examination the City can demand after you file a notice of claim. You answer questions about the accident and your injuries, and it can include a physical exam. If one is demanded, you cannot sue until you have attended it.
Is the cheat sheet free?
Yes. It is a free three-page PDF with no sign-up. It covers every deadline, where to file each notice, and a tracker, checklist and call log you can fill in.