Croton-on-Hudson, NY asked in Personal Injury for New York

Q: How much time do I have to file a notice of claim on a false arrest case?

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3 Lawyer Answers
Mark A. Siesel
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Answered
  • White Plains, NY
  • Licensed in New York

A: You have only 90 days to file a notice of claim on all cases involving a municipality, including a false arrest case, so you should contact a lawyer immediately.

Michael H. Joseph
PREMIUM
Michael H. Joseph
Answered
  • White Plains, NY
  • Licensed in New York

A: To file a notice of claim for a NY state based claim you must file a notice of claim within 90 days of the arrest. For a malicious prosecution claim, it is 90 days from when the case is terminated. But for a Federal Case under 42 USC 1983, you do not need to file a notice of claim at all.

Michael H. Joseph
PREMIUM
Michael H. Joseph
Answered
  • White Plains, NY
  • Licensed in New York

A: To file a notice of claim for a NY state based claim you must file a notice of claim within 90 days of the arrest. For a malicious prosecution claim, it is 90 days from when the case is terminated. But for a Federal Case under 42 USC 1983, you do not need to file a notice of claim at all.

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