Notice of Claim for Police Misconduct
WARNING: If you were injured and intend to sue the City of New York or the New York Police Department (NYPD) you may be required to file a notice of claim against the city and the police department within 90 days of the occurrence. Government entities in New York are entitled to receive a "Notice of Claim" within this 90 day time period providing details about the incident. In many cases, failure to do so within the 90 day time frame can prevent you from bringing a lawsuit against the city or police department.
Notice of Claim in Civil Rights Claims against New York City / NYPD
Queens Civil Rights Attorney, Rochelle Berliner, provides passionate and compassionate representation to clients who suffered were injured because of police misconduct in the five boroughs in the greater New York City Metropolitan area, including Queens, Manhattan, the Bronx and surrounding communities. Contact Rochelle Berliner for specific information about the notice of claim requirements that may exist in your case.
- Claims Against the City of New York for Personal Injury or Property Damage
- New York Notice of Claim Hearings
- New York's General Municipal Law § 50-e (5)
- New York Notice of Claim Resources
Any claims for personal injury or property damage, including claims that arise because of police misconduct, police brutality, excessive force or malicious prosecution against the City of New York are filed through the Comptroller's Office Bureau of Law & Adjustment. Under Section 50-e of the General Municipal Law, all tort claims against the City of New York should be in writing on the forms that can be found on the official website or forms that contain a similar format. The Notice of Claim form for a claim against the City of New York must be notarized and served by certified mail or hand served personally within ninety (90) days from the date of the occurrence
Claim must be filed in person, through registered or certified mail, and electronically within 90 days of the occurrence. The Notice of Claim form must be notarized. If the claim for personal injury or property damage against the City of New York is not resolved within 1 year and 90 days of the occurrence you must start legal action to preserve your rights.
Under N.Y. CTC. LAW § 17-a : NY Code - Section 17-A (examination of notices of intention to file a claim) the municipality or municipal agency is entitled to "an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made." This can take the form of a pre-suit medical exam or pre-suit hearing (50-h Hearing) , which must be requested within 30 days after a claim is made.
The 50-h Hearing is a pre-action hearing. It is not automatic and must be requested by the involved municipal agency. However, if the municipality requests the hearing, the claimant must participate. As a claimant, any statements given during the 50-h hearing can be used at trial. An experienced civil rights attorney can help guide you during this process. By presenting your testimony clearly and demonstrating your believability, you may turn the hearing to your advantage.
After receiving the claim, the city or police agency will begin conducting an investigation, exploring the circumstances of the claim and its merits. You or your attorney will be contacted regarding a hearing scheduled on your behalf. After considering the results of the investigation and related details, the Comptroller's Office (representing the City of New York) may offer a settlement for the claim. If the claim cannot be settled, you may choose to pursue the matter in courts.
If you file the notice of claim within the 90 day period and the claim is not resolved within one year and 90 days of the occurrence, then you must seek relief from the court pursuant to General Municipal Law § 50-e (5) within one year and 90 days of the occurrence. See generally the General Municipal Law provisions cited below and case law including Pierson v City of New York, 56 NY2d 950 (1982); Hwangbo v Nobles, 62 AD3d 949 (2d Dept 2009); Williams v Azeez, 300 AD2d 654 (2d Dept 2002).
Neither the New York General Municipal Law or the CPLR define the term "action" it is generally thought to include claims in federal courts because federal courts routinely exercise pendent jurisdiction over state law claims against municipalities and there is also case law holding that the dismissal of a federal court action would constitute the "termination of [an] action," allowing claimants to avail themselves of the tolling provision of CPLR 205 (a) for purposes of making application to serve a late notice of claim (Matter of Lipinski v County of Broome, 175 AD2d 369 [3d Dept 1991]; see generally Campbell v City of New York, 4 NY3d 200 ).
General Municipal Law § 50-i (1) states the following, in pertinent part:
"No action or special proceeding shall be prosecuted or maintained against a city, county, town, village, fire district or school district for personal injury, wrongful death or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such city, county, town, village, fire district or school district or of any officer, agent or employee thereof, . . . unless, (a) a notice of claim shall have been made and served upon the city, county, town, village, fire district or school district in compliance with section fifty-e of this chapter, (b) it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice and that adjustment or payment thereof has been neglected or refused, and (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based; except that wrongful death actions shall be commenced within two years after the happening of the death."
General Municipal Law § 50-e (5) ("Application for leave to serve a late notice") states the following, in pertinent part:
"Upon application, the court, in its discretion, may extend the time to serve a notice of claim . . . . The extension shall not exceed the time limited for the commencement of an action by the claimant against the public corporation. In determining whether to grant the extension, the court shall consider, in particular, whether the public corporation or its attorney or its insurance carrier acquired actual knowledge of the essential facts constituting the claim within the time specified in subdivision one or within a reasonable time thereafter. The court shall also consider all other relevant facts and circumstances, including: whether the claimant was an infant, or mentally or physically incapacitated, or died before the time limited for service of the notice of claim; whether the claimant failed to serve a timely notice of claim by reason of his justifiable reliance upon settlement representations made by an authorized representative of the public corporation or its insurance carrier; whether the claimant in serving a notice of claim made an excusable error concerning the identity of the public corporation against which the claim should be asserted; and whether the delay in serving the notice of claim substantially prejudiced the public corporation in maintaining its defense on the merits. "An application for leave to serve a late notice shall not be denied on the ground that it was made after commencement of an action against the public corporation."
New York City Comptroller's Office - The Office of the Comptroller is the city's chief financial officer. In addition to representing the city in any claims made, the Comptroller supervises the finances of offices, departments, boards, and any employees paid with funding from the City of New York. The office can be reached at:1 Centre St. Room 1225
New York, New York 10007
Personal Injury Form
Property Damage Form
- NYC Property Damage or Loss Notice of Claim Form
- NYC Automobile Property Damage Notice of Claim Form
Electronic Filing - Directions and forms to electronically file a Notice of Claim in New York. Note: requires Adobe Reader.
Law Office of Rochelle S. Berliner | New York City Notice of Claim Lawyer
With more than two decades of experience in the legal field, Queens civil rights attorney Rochelle S. Berliner has confidently defended the rights of men and women across New York City. She has represented clients in high-profile cases involving police misconduct.
If you or a loved one have suffered as a result of police misconduct or abuse, it's time to consider your legal options carefully. The Law Office of Rochelle S. Berliner can provide the legal support you need and deserve.
Rochelle Berliner can assist you in filing a notice of claim and aggressively fighting for your rights in trial to reach a favorable outcome. Call 718-261-5600 or submit an online form today for a free, comprehensive consultation.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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