Tuesday, June 14, 2016
Suing The New York Government? Exceptions And Extensions To Statutes of Limitation / Notification Periods
Recently, we featured a blog about the statute of limitations when suing a New York municipal entity or authority. However, there are exceptions to the rule and motion practices you can attempt to pursue if none of those exceptions apply. These statutes of limitations and the statutory period of notice of claims are tricky depending on the nature of the claim and the legal status of the claimant, so consult an attorney immediately should you choose to sue a New York municipal entity or authority.
If your claim against a New York municipal entity or authority involves a claim by an infant (person under the age of 18) or a person who is legally incompetent, the time to file a Notice of Claim remains 90 days, but the time to bring suit is tolled pursuant to CPLR 208. However, any derivative claim by a parent or guardian is still governed by the normal statute of limitations that, depending on the entity or authority, is between a year and one year and ninety days.
If your claim against a New York municipal entity or authority involves a claim for wrongful death, the time to file a Notice of Claim accrues from the date of appointment of an executor or administrator of the decedent's estate. The statute of limitations for a wrongful death claim against a New York municipal entity or authority is extended to 2 years from date of death.
However, a Notice of Claim for the decedent's conscious pain and suffering must be made within 90 days from the date of death, and the claim must be filed within the normal year and ninety day period after date of death. Failing to recognize the difference is a common misstep for litigants.
If your claim does not involve the above, and you miss the 90-day Notice of Claim filing period, you will need judicial intervention to bring your claim. To have a chance of having a Court grant you leave to file a late Notice of Claim, your application must be brought within the applicable statute of limitation period, you must prove that the New York municipal entity or authority obtained actual written notice of the incident at issue within the 90-day period and that the filing of a Notice of Claim will not prejudice the New York municipal entity or authority.
If you are going to sue a New York municipal entity or authority, you better find an attorney who knows the exceptions and extensions that apply to the correct statute of limitations and notification periods.
*Gene Berardelli may be contacted at: GeneBerardelli@ipglegal.com.
Gene is a New York street-smart attorney with an extreme passion for success. Gene specializes in litigation, arbitration and general corporate law for New York-based and international clients. He, also, is the host of a popular New York talk radio program.