Suing the City of New York or MTA for Wrongful Death: The 90-Day Rule

The Notice of Claim Requirement

Under New York General Municipal Law (GML) 50-e, before you can sue a municipal entity, you must file a formal notice of claim with the entity. The notice of claim is a legal document that describes the negligence, the injuries, and the damages sought.

The notice of claim requirement applies to claims against public corporations -- including the City of New York, NYC Health + Hospitals, the MTA and its subsidiaries, the Port Authority, the New York City Housing Authority (NYCHA), the New York City Department of Education, and other governmental entities.

The notice of claim must be filed within 90 days of the incident (or, in wrongful death cases, 90 days of the date of death). This is dramatically shorter than the 2-year wrongful death statute of limitations under EPTL 5-4.1.

The notice of claim requirement is not optional. If you miss the 90-day deadline, your claim may be permanently barred -- even if the 2-year wrongful death statute of limitations has not expired. The court may grant a late notice motion under GML 50-e(5), but this is discretionary and not guaranteed. Do not rely on this -- file on time.

Which Entities Require a Notice of Claim

The notice of claim requirement applies to claims against municipal and public entities, including:

• City of New York: All NYC agencies, including the NYPD, FDNY, NYC Department of Transportation, NYC Department of Parks and Recreation, and NYC Department of Health.
• NYC Health + Hospitals (H+H): The public hospital system that operates Bellevue, Lincoln, Jacobi, Kings County, Elmhurst, and other facilities. [Link to: /hospital-negligence/suing-nyc-h-h]
• MTA (Metropolitan Transportation Authority): Including NYC Transit (subways and buses), Long Island Rail Road, Metro-North Railroad, and MTA Bridges and Tunnels.
• Port Authority of New York and New Jersey: Including JFK, LaGuardia, and Newark airports, the Port Authority Bus Terminal, and the World Trade Center site (note: the Port Authority has a 60-day notice requirement, not 90 days).
• NYC Housing Authority (NYCHA): Public housing developments.
• NYC Department of Education: Public schools.
• New York City Transit Authority: Subways and buses.
• NYC Health + Hospitals/Carter: Long-term care facilities operated by the city.
• State of New York: Claims against the State (rather than the City) are handled through the Court of Claims, with a 90-day notice requirement under Court of Claims Act 10.

The 90-Day Deadline

The notice of claim must be filed within 90 days of the date of the incident. In wrongful death cases, this means 90 days from the date of death -- not the date of the negligent act.

The 90-day deadline is strict and unforgiving. Unlike the 2-year wrongful death statute of limitations, there is very little room for extension. The court may grant a late notice motion under GML 50-e(5), but only if: - The claimant has a reasonable excuse for the delay - The municipal entity had actual notice of the claim (knew about the facts) within the 90-day period - The municipal entity was not substantially prejudiced by the delay

The court decision on a late notice motion is discretionary -- meaning the court can deny it even if all factors are met. Do not rely on a late notice motion. File the notice of claim within 90 days.

The 90-day deadline is particularly dangerous because it runs concurrently with the Surrogate Court process for obtaining Letters of Administration. You need Letters to file the wrongful death lawsuit, but the 90-day notice of claim deadline runs while you are obtaining them. This means you must begin the Surrogate Court process immediately -- ideally within days of the death. [Link to: /wrongful-death/letters-of-administration]

What Must Be in the Notice of Claim

Under GML 50-e, the notice of claim must include:

• Name and address of the claimant: The name and address of the personal representative (executor or administrator) of the estate. If Letters of Administration have not yet been issued, the notice can be filed by the intended personal representative.
• Name and address of the decedent: The name and last address of the person who died.
• Nature of the claim: A description of the negligence -- how the municipal entity wrongful act, neglect, or default caused the death.
• Time, place, and manner of the negligence: When, where, and how the negligence occurred.
• Injuries sustained: In wrongful death cases, the injury is the death itself.
• Damages sought: An itemized statement of the damages sought -- including pecuniary loss (lost financial support, lost services, loss of parental guidance, funeral expenses).

The 50-h Hearing

After the notice of claim is filed, the municipal entity has the right to demand a 50-h hearing (under GML 50-h) -- a pre-suit hearing where the claimant must testify under oath about the claim.

The 50-h hearing: - Is conducted by the municipal entity attorneys (e.g., NYC Corporation Counsel for the City, MTA attorneys for the MTA) - Is transcribed by a court reporter - Covers the facts of the claim, the negligence, the damages, and the identity of the distributees - The claimant testifies under oath and is subject to cross-examination - The transcript can be used later in the lawsuit

The 50-h hearing typically occurs within 90 days after the notice of claim is filed. Your attorney will prepare you for and represent you at the hearing. It is important to have legal representation at the 50-h hearing, as your testimony can significantly affect the outcome of your case.

[Link to: /hospital-negligence/suing-nyc-h-h]

The 1-Year, 90-Day Statute of Limitations

In addition to the 90-day notice of claim requirement, claims against municipal entities are subject to a shorter statute of limitations under GML 50-i. While the general wrongful death statute of limitations is 2 years (EPTL 5-4.1), claims against municipal entities must be filed within 1 year and 90 days from the date of the incident (or date of death in wrongful death cases).

This means that even after you file the notice of claim, you must file the lawsuit within 1 year and 90 days of the date of death. If you miss this deadline, your claim is permanently barred.

The 1-year-and-90-day deadline runs concurrently with the 90-day notice of claim requirement and the 2-year wrongful death statute of limitations. The shortest deadline controls -- and for municipal defendants, that is the 1-year-and-90-day deadline.

[Link to: /wrongful-death/eptl-5-4-1]

How This Affects Wrongful Death Claims

If your loved one died due to the negligence of a municipal entity, you face multiple, overlapping deadlines:

• 90 days from death: File the notice of claim (GML 50-e)
• 1 year, 90 days from death: File the wrongful death lawsuit (GML 50-i)
• 2 years from death: The general wrongful death statute of limitations (EPTL 5-4.1) -- this longer deadline does not apply to municipal defendants
• Concurrent: Obtain Letters of Administration from the Surrogate Court (before filing the lawsuit) [Link to: /wrongful-death/letters-of-administration]
• 50-h hearing: Typically within 90 days after filing the notice of claim

Late Notice of Claim: Can You Still File?

If you have missed the 90-day notice of claim deadline, you may be able to file a late notice motion under GML 50-e(5). The court may grant permission to file a late notice if:

- Reasonable excuse: You have a reasonable excuse for the delay (e.g., you were unaware of the notice of claim requirement, you were dealing with the emotional aftermath of the death, or you were unable to identify the responsible municipal entity). - Actual notice: The municipal entity had actual notice of the claim within the 90-day period -- meaning they knew about the facts of the claim (e.g., through incident reports, internal investigations, or media coverage). - No substantial prejudice: The municipal entity was not substantially prejudiced by the delay -- meaning the delay did not prevent them from investigating the claim or defending against it.

The court decision is discretionary -- meaning the court can deny the motion even if all factors are met. The court considers the totality of the circumstances, including the length of the delay, the reason for the delay, and the prejudice to the municipal entity.

Do not rely on a late notice motion. File the notice of claim within 90 days. If you have missed the deadline, contact an attorney immediately to evaluate whether a late notice motion is viable.

Common Mistakes That Destroy Claims

Several common mistakes can permanently destroy a wrongful death claim against a municipal entity:

• Waiting too long to contact an attorney: Many families wait months before consulting an attorney, not realizing the 90-day deadline is running. Contact an attorney within days of the death.
• Assuming the 2-year deadline applies: The 2-year wrongful death statute of limitations does not apply to municipal defendants. The 90-day notice of claim and 1-year-and-90-day lawsuit deadlines control.
• Not obtaining Letters of Administration early: You need Letters to file the lawsuit, but the deadlines run while you obtain them. Begin the Surrogate Court process immediately. [Link to: /wrongful-death/letters-of-administration]
• Filing the notice of claim incorrectly: The notice of claim must meet specific requirements (GML 50-e). Filing an incomplete or incorrect notice can jeopardize the claim.
• Filing with the wrong entity: The notice of claim must be filed with the correct municipal entity. Filing with the wrong entity can result in a missed deadline.
• Not attending the 50-h hearing: If the municipal entity demands a 50-h hearing, you must attend and testify. Failing to attend can result in dismissal of the claim.
• Making statements without legal representation: Anything you say to the municipal entity or its representatives can be used against you. Do not make statements without your attorney present.

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential wrongful death claim against a municipal entity:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 90-day notice of claim deadline and the 1-year-and-90-day lawsuit deadline. If deadlines are approaching, we act fast.
• Notice of Claim Filing: We prepare and file the notice of claim with the correct municipal entity within the 90-day deadline.
• Surrogate Court Guidance: We help you obtain Letters of Administration concurrently with the notice of claim filing. [Link to: /wrongful-death/letters-of-administration]
• 50-h Hearing Preparation: We prepare you for and represent you at the 50-h hearing.
• Investigation: We obtain medical records, incident reports, and other evidence.
• Litigation: We file the wrongful death lawsuit within the 1-year-and-90-day deadline and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.