Robin Herman | 14:29

A pothole takes a rider down in New York City. Can you explain the 90-day notice of claim deadline?

Glenn Herman | 14:37

Glenn Herman warns that a rider who goes down on a New York City pothole has 90 days to serve a notice of claim not the three years in a regular tort case. Now, the 90-day rule is pursuant to general municipal law section 50E, and that is current as of September 2026. On behalf of the injured cyclists, we are required to file a notice of claim, and this must be specific as to when it happened, how it happened, the injuries, and exactly where. The location is so important to ultimately proving the case. Also under general municipal law section 50I, The lawsuit itself has to be filed in a year and 90 days, not the two or three years that other cases have longer statute of limitations on. And the same 90-day rule applies if it’s the NTA and the New York City Transit Authority, New York City Housing Authority, New York City Health and Hospitals Corporation, and school districts. So if you went down on a state road, Court of Claims. Anywhere in the city of New York and must be filed, notice a claim. There is a procedure to file a late notice of claim, but You don’t want to get involved in that courts grant it very sparingly.