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Claim Against A Municipality - NY Construction Accident

From: Rob
Category: Construction Accident

Comments

How long after filing a notice of claim against a municipality should it take to receive a response? or a 50-h hearing?

 

Answer

Ordinarily the City of New York (or other municipal corporation) will acknowledge receipt of a Notice of Claim within a few weeks. Sometimes the City of New York takes longer to request a 50-h hearing. A call to the Law Department may be helpful in obtaining the file number and other information. However, if you are represented by counsel, you should not be making that call.

In New York State, the municipality has 90 days from the date your notice of claim was filed to VALIDLY request a hearing or physical examination. If the municipalities request is made beyond the 90 days, then it is a nullity, meaning you do not have to appear at the hearing/physical. If you have not received a request for a hearing/physical within 90 days of filing a notice of claim, then you can file a Summons/Complaint against the municipality without further delay, and proceed with your case. There are some cases in which you are permitted to file a Summons and Complaint well before the 90 day time period following your filing of the notice of claim. However, the rules to follow in such circumstances are confusing and convoluted, which is why I would strongly suggest you retain an attorney competent in this area of law to assist with this matter if you have not done so already. Please feel free to contact me directly if I can be of further help. Good luck.

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