Peekskill, NY asked in Municipal Law for New York

Q: I was injured when I fell on a city sidewalk but I was unaware of the notice of claim requirement. Can I still sue?

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1 Lawyer Answer
Mark A. Siesel
Mark A. Siesel
  • White Plains, NY
  • Licensed in New York

A: You would have to submit a motion to file a late notice of claim, which naturally will be strongly opposed by the attorneys representing the City. Whether you will win this motion depends on several factors, including whether the City can prove that they were "prejudiced by the delay" (if a police report was prepared of your accident this is very helpful to show otherwise), whether you have a meritorious case, and whether you have a reasonable excuse for failing to file the notice of claim. In my experience, these motions are frequently won or lost depending on which judge is asked to decide them.

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