Question

How can I sue the city or state of New York?

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Stephan H. Peskin - Personal Injury - General - Super Lawyers

Answered by: Stephan H. Peskin

Located in New York, NYTolmage, Peskin, Harris, Falick

New York, NY
Phone: 877-371-2509
Fax: 212-608-4959

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The concept of "sovereign immunity" prevents the city and state of New York from being sued UNLESS they consent. Consent is easily obtained. The city of New York requires that you file a Notice of Claim within 90 days of the accident. The form seems simple, but it should be completed by a skilled and knowledgeable New York personal injury lawyer as it binds the accident victim and if filled out improperly may limit the injured party's ability to be fully compensated for his/her loss. 

Once the Notice of Claim is filed, the city will request a hearing in which the accident victim will be required to testify under oath. Only then would you be able to sue the city. The suit must be started within one year and 90 days of the injury. This applies to all city agencies.

Similarly, you must file a Notice of Claim or Notice of Intention to File a Claim within 90 days of the accident. You must then start your lawsuit within the time permitted under the applicable statute of limitations. Different time periods exist for different types of cases.

The state of New York has a variety of divisions, departments, agencies and commissions. Just because an entity has "New York State" in its title does not mean that it is part of the state; it may be a public corporation with its own status.

Litigating against the government is like walking through a mine field. One wrong step and you can be thrown out of court. If you have a case against the city or state of New York, you cannot go it alone and need the advice of a skilled lawyer.

If you have been injured and feel the City of New York is liable, contact a municipal liability attorney to learn more about your legal options.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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