What is a 50h Hearing?

A 50h hearing occurs after you file a notice of claim against a city in New York. Under New York General Municipal Law section 50h, a city has the right to a hearing when a person makes a claim against it for a claim such as negligence or false arrest.

At the 50h hearing, the city will ask you questions about the details of your claim.

When does a 50h hearing occur?

A 50h hearing typically occurs several months after you file your notice of claim. If you filed a notice of claim yourself, the city will contact you about the date of the 50h hearing. If you are represented by a law firm, the city will notify your lawyer of your hearing date. Your lawyer will then notify you about your hearing date.

What happens at a 50h hearing?

At the 50h hearing, a lawyer who represents the city will ask you questions about your claim. The purpose of the hearing is not for you to prove your claim. You have no “burden of proof” at the hearing, and you will not “present your case.” Your claim will not be dismissed based on what is or isn’t said at the hearing.

Simply put, the purpose of the hearing to give the city the opportunity to ask you questions about your claim. The rationale is that the city wants to probe the details of your claim shortly after your file your notice of claim. By asking you questions, the City can learn the details of your claim and conduct any investigations that may be necessary for them to gather more information about the claim, such as interviewing witnesses or gathering video footage.

How do I prepare for the hearing?

If you have a lawyer for your claim, he will help you prepare for your 50h hearing. Here are some general principles to help you prepare for your hearing:

• Only answer the question asked of you, nothing more and nothing less;
• Don’t leave out details of an answer if it would be unnatural to leave out those details—the city could later impeach your credibility if you bring forward additional related facts at a later proceeding;
• If you don’t know the answer to a question, don’t be afraid to say so—it’s better than guessing the answer;
• Be prepared to go into detail about the encounter—for instance, with a police brutality claim, be ready to say where, when, and how the police used force against you;
• Be prepared to discuss how the incident has harmed you—including all physical suffering, emotional suffering, and any lost income or other economic harm.

What happens after a 50h hearing?

After your 50h hearing, you may be able to settle your claim. However, if the city’s offer is insufficient, then a lawyer can file a lawsuit against the city on your behalf.

Importantly, you must give the city an opportunity to conduct a 50h hearing before you file a lawsuit. A lawsuit can take many years resolve. Along the way, the city may make better settlement offers. If they don’t, then you can take the case to trial and have a jury decide what you are owed.

Need help?

If you have a claim you want to file against New York City, contact Cody Warner, P.C. for a free consultation. We can evaluate your claim and help you get justice.