When you are suing the New York government, there are strict time limitations for notice and filing your claim, but they are not without exception or without the ability to extend under special circumstances. Recently, we featured a blog post 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 in New York immediately should you choose to sue a New York municipal entity or authority.
Claim Notification Exceptions in New York
- 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.
- 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 claims against a New York municipal entity or authority is extended to two 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 the 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,immediately, a New York attorney with experience in suing the New York government.
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