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How to File a Notice of Claim in NYC
If you’ve been hurt by a city employee or agency in New York City—whether it’s the NYPD , a public hospital, or even the Department of Sanitation—you can’t just jump into a lawsuit. New York law requires that you first file what’s called a “Notice of Claim.”
Missing this step could cost you your case, no matter how justified your complaint is. In this post, we’ll break down what a Notice of Claim in NYC actually is, who needs to file one, how to file it, and what happens after.
If you need help with filing a notice of claim, contact Cody Warner, P.C. today.
What Is a Notice of Claim?
A Notice of Claim is a legal document that notifies New York City that you intend to sue. You must file this notice before filing a lawsuit. The Notice of Claim gives the City a chance to look into the matter and potentially settle it without litigation.
A Notice of Claim is typically required when someone is planning to sue over:
- Police brutality or false arrest
- Injuries caused by dangerous conditions on city property
- Medical errors at a city hospital
- Negligence by public school staff
- Property damage involving city vehicles or workers
This requirement applies whether you’re suing the City of New York itself, or a specific agency like the NYPD, the Department of Transportation, or NYC Health + Hospitals.
How Long Do You Have to File?
This is where many people go wrong. You only have 90 days from the date of the incident to file a Notice of Claim. That’s three months—and the clock starts ticking the moment the injury or violation happens.
If you miss that deadline, your right to sue may be lost entirely.
Examples of when the 90-day rule applies:
- You were injured falling on a broken city sidewalk
- You were falsely arrested or assaulted by police
- A doctor at a public hospital misdiagnosed you
For a malicious prosecution claim, the 90-day window begins on the date that your criminal case was dismissed.
There are limited situations where you can ask the court for permission to file late, but those are exceptions, not the rule. It’s far better to get it done on time.
What Does a Notice of Claim Include?
This isn’t just a simple letter. New York law outlines exactly what information your Notice of Claim must contain, including:
- Your full name and contact information
- The date, time, and location of the incident
- A clear explanation of what happened
- The type of injury or damage you suffered
- Which agency or employee caused the harm
It must be detailed enough that the City can investigate the situation. If the information is vague or incomplete, they can challenge it in court.
How to File a Notice of Claim in NYC
The most common way to file is through the NYC Comptroller’s Office, which handles claims against most city agencies.
Online Filing
The City provides an electronic filing option, which is fast and easy to access:
👉 File online with the NYC Comptroller
In Person or By Mail
You can also submit your Notice of Claim in person or by certified mail to:
NYC Comptroller’s Office
1 Centre Street, Room 1225
New York, NY 10007
Be sure to get proof of delivery. If you’re mailing it, use certified mail with a return receipt.
Exceptions
Some agencies—like the MTA, the Housing Authority, or certain state-run entities—aren’t under the Comptroller’s jurisdiction. In those cases, you may need to file a Notice of Claim with the appropriate entity.
What Happens After Filing?
Once your Notice of Claim is submitted, the City will request what’s known as a 50-h hearing. This is a sworn interview—basically a pre-lawsuit deposition—where they ask you about what happened.
They may also ask you to see a doctor if you’re claiming a physical injury. After the hearing is complete, you can file your lawsuit in court—but keep in mind, you must do so within one year and 90 days of the incident.
Do You Need a Lawyer?
You’re not required to hire an attorney to file a Notice of Claim—but it’s a smart move. The rules are strict, and one misstep can wreck your entire case. An experienced attorney can help ensure that:
- Your Notice is filed correctly and on time
- The language covers all legal grounds
- You’re protected during the 50-h hearing
- You don’t miss your window to sue
If your deadline has already passed, a lawyer may still be able to ask the court for permission to file late, but this requires legal strategy and fast action.
Speak with a NYC Notice of Claim Attorney Today
If you believe you have a valid claim against a city agency—whether for police misconduct, medical negligence, or a slip and fall—reach out now. At Cody Warner, P.C., we handle cases involving NYC agencies and public employees every day.