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Almost All of the Statutes of Limitations that You Need to Know in New York and Whether A Notice of Claim Needs to be Filed

GENERAL NEGLIGENCE—PRODUCT LIABILITY

i) PERSONAL INJURY—ADULT—3 YEARS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—INFANT AGE 21
iii) DEATH—2 YEARS FROM THE DATE OF DEATH
iv) INTENTIONAL ACT—1 YEAR FROM ACT COMPLAINED OF

NOTE: If action is by a victim of a criminal offense—7 years from termination of criminal action against the same defendant with respect to the same occurrence.

MALPRACTICE OTHER THAN MEDICAL, DENTAL OR PODIATRIC

i) PERSONAL INJURY—ADULT—3 YEARS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—INFANT AGE 21
iii) DEATH—2 YEARS FROM DATE OF DEATH
NOTE: If against an architect, engineer, surveyor or landscape architect for acts or omissions occurring more than 10 years before the event complained of, notice must be given at least 90 days before the action is commenced.

MEDICAL, DENTAL OR PODIATRIC MALPRACTICE

i) PERSONAL INJURY—ADULT—2.5 YEARS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—INFANT—10 YEARS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

CITIES, COUNTIES, TOWNS, VILLAGES, SCHOOL DISTRICTS

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

OMISSION AGAINST SHERIFF, CORONER OR CONSTABLE FOR OFFICIAL ACT OR OMISSION

i) 1 YEAR FROM EVENT COMPLAINED OF

EXPOSURE TO LATENT TOXIC SUBSTANCES

i) NOTICE OF CLAIM—90 DAYS FROM DATE OF DISCOVERY OF INJURY OR DATE DISCOVERY OF INJURY SHOULD HAVE OCCURRED, WITH REASONABLE DILIGENCE, WHICHEVER IS EARLIER
ii) 3 YEARS FROM DATE OF DISCOVERY OF INJURY OR DATE DISCOVERY OF INJURY SHOULD HAVE OCCURRED, WITH REASONABLE DILIGENCE, WHICHEVER IS EARLIER OR
iii) 1 YEAR AFTER DISCOVERY OF THE CAUSE OF THE INJURY, WHERE DISCOVERY OF THE CAUSE OF THE INJURY OCCURRED LESS THAN 5 YEASR AFTER THE DISCOVERY OF THE INJURY AND TECHNICAL, SCIENTIFIC OR MEDICAL KNOWLEDGE AND INFORMATION SUFFICIENT TO ASCERTAIN THE CAUSE OF THE INJURY HAD NOT BEEN DISCOVERED, IDENTIFIED OR DETERMINED PRIOR TO 3 YEARS FROM THE DATE OF DISCOVERY OF THE INJURY

NEW YORK CITY HEALTH AND HOSPITAL CORPORATION

i) NOTICE OF CLAIM—90 DAYS FRM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

NEW YORK CITY HOUSING AUTHORITY

i) NOTICE OF CLAIM—90 DAYS
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

METROPOLITAN TRANSIT AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

TRANSIT AUTHORITY (NEW YORK CITY)

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

PORT AUTHORITY OF NEW YORK

i) NOTICE OF CLAIM—60 DAYS BEFORE ACTION COMMENCED
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

THE BRONX TRANSIT AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

TRANSIT CONTRUCTION FUND

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

THOUSAND ISLAND BRIDGE AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

GENESSEE VALLEY REGION MARKET AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) DEATH—2 YEARS FROM DATE OF DEATH

ERIE COUNTY WATER AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

SUFFOLK COUNTY WATER AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

CAPITAL DISTRICT TRANSIT AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

LONG ISLAND RAILROAD

i) NOTICE OF CLAIM—NONE BUT DEMAND REQUIRED WITHIN 1 YEAR FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 30 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

ROCHESTER-GENESSEE REGIONAL TRANSPORTATION AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

WATER AUTHORITY OF GREAT NECK NORTH

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

OGDENSBURG PORT AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

MONROE COUNTY WATER AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

ONONDAGA COUNTY WATER AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

BUFFALO SEWER AUTHORITY

i) NOTICE OF CLAIM—90 DAYS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—1 YEAR AND 90 DAYS FROM EVENT COMPLAINED OF
iii) DEATH—2 YEARS FROM DATE OF DEATH

STATE OF NEW YORK

i) NOTICE OF CLAIM—PERSONAL INJURY—90 DAYS FROM EVENT COMPLAINED OF
ii) NOTICE OF CLAIM—DEATH—90 DAYS FROM APPOINTMENT
iii) PERSONAL INJURY—2 YEARS FROM EVENT COMPLAINED OF
iv) DEATH—2 YEARS FROM DATE OF DEATH

NOTE: In an action for conscious pain and suffering on behalf of the decedent’s estate, the 90-day period is measured from, at the latest, the date of death, and probably from the event complained of, but never from the date of appointment of the representative of the decedent’s estate. Similarly, a conscious pain and suffering claim on behalf of the decedent does not benefit from the 2-year period.

Practice Tip: Claimant has the option of either serving a “Notice of Intention to File a Claim” (a/k/a “Notice of Intention”) or filing and serving the “Claim” itself with the time period. A Notice of Intention to sue is essentially the same as a Notice of Claim, pursuant to section 10 of the Court of Claims Act. If the “Claim” is filed and served within 90 days, then the claimant never serves a “Notice of Intention”.

JONES BEACH STATE PARKWAY AUTHORITY (STATE)

BETHPAGE PARK AUTHORITY (STATE)

NEW YORK STATE THRUWAY AUTHORITY (STATE)

FEDERAL TORT CLAIMS

i) NOTICE OF CLAIM—2 YEARS FROM EVENT COMPLAINED OF
ii) PERSONAL INJURY—GENERALLY—6 YEARS FROM EVENT COMPLAINED OF OR 6 MONTHS AFTER CLAIM FILED
iii) PERSONAL INJURY—MARITIME—3 YEARS FROM EVENT COMPLAINED OF & 6 MONTHS AFATER CLAIM FILED
iv) DEATH—GENERALLY—6 YEARS & 6 MONTHS AFTER CLAIM FILED
v) DEATH—MARITIME—3 YEARS FROM EVENT COMPLAINED OF & 6 MONTHS AFTER CLAIM FILED

Suing a Public Entity

Most New York public entities are either:

• Public corporations,
• Public authorities, or
• Agencies or departments of the state.

If the public entity is a “public corporation” (e.g., towns, cities, industrial development agencies, fire districts), you must sue in Supreme Court. Public corporations include all municipal corporations (town, city, county), district corporations (fire districts, water districts) and public benefit corporations (industrial development agencies). General Municipal Law section 50-e governs tort claims against public corporations. Likewise, actions against “public authorities” must be brought in Supreme Court.
Practice Tip: Read case law regarding lawsuits against the potential defendant and the public entity’s enabling statute to discern how, where and when you must sue.

Suing the State

If the public entity does not have “public corporation” or “public authority” status, it is generally deemed an agency or department of the State of New York, in which case you must sue the State in the Court of Claims.

In lawsuits against the State, you do not name any state employees whom you are suing individually. When the state employee or official is sued individually, such claims must be brought in the Supreme Court, because the Court of Claims has no ancillary jurisdiction over such defendants. The Court of Claims has exclusive jurisdiction over claims for personal injury and wrongful death against some public entities. Three of these are the Thruway Authority, the City University of New York, and the New York State Power Authority.

photo credit: Calender Planner Organization Management Remind Concept via photopin (license)

Leave a comment below telling me what surprised, inspired or taught you the most (I personally respond to every comment). And if you disagree with my take on running a personal injury law firm, or have a specific, actionable tip, I’d love to hear from you.
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