If you have been injured on New York property or suffered due to the negligence of a public agency, you can take legal action against New York City. However, keep in mind that due to sovereign immunity, a case can only move forward if the city consents.
When consent is obtained, notice must be given to the city or one of its agencies through proper service of process. Only then can your case move forward.
Here are crucial things you need to know when serving court papers against the city of New York.
How to Serve Legal Documents on New York City
To initiate an action, you must first notify the city of your intent to do so by issuing a Notice of Claim. This must be completed within 90 days from the date of the incident. Otherwise, your claim may be time-barred.
The Notice of Claim must have the following information:
- Your name and address
- Your attorney’s name and address
- A list of the claims you wish to file
- Information about the accident in which you were injured
- A ballpark estimate of the compensation you want to receive
Be sure to include all necessary information as failure to do so may result in the dismissal of your case.
After completing the Notice of Claim, the documents must be delivered to the authorized government department through proper service of process. This can be done using any of the following service methods:
- Electronic filing via the eClaim system
- Personal delivery to the State of New York
- Mailing the notice via registered or certified mail, with return receipt, to the chief executive officer of the agency
Service of Process Hours in New York City
Since June 2020, legal documents must only be served on Tuesdays and Thursdays between the hours of 9:00 a.m and 5:00 p.m. Papers delivered beyond 5:00 p.m will not be accepted and will be carried over to the next acceptable business day.
What’s Next?
What’s Next?Once you have successfully filed the claim, the agency will provide a Claim Number. You must wait 30 days to give enough time for the city to investigate or settle the claim. Likewise, the city may invite you to testify in court to support your claim.
At the hearing, you will be asked to answer a few questions. The City may request that you undergo a medical exam as part of their investigation.
The statute of limitations for bringing a lawsuit against the city is 1 year and 90 days from the date of the accident. In wrongful death cases, this is extended to two years, and the suit may be brought by the representative of the decedent.
Entrust Your Legal Documents to Reputable Process Servers
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