Notice of Claim and Municipal Liability

• October 21, 2026 Second Department

  Fall on the Riegelmann Boardwalk: City’s “No Prior Written Notice” Defense Fails Because Its Records Search Was Not Shown to Be Complete (Young v City of New York, 2d Dept 2026)

  A New York City law generally makes the City liable for a defect in its streets and sidewalks only if it had prior written notice of it, but to have a claim dismissed on that ground before trial, the City must first show that it had none. Here, the Second Department reversed the dismissal of a man’s claim for a fall on the Riegelmann Boardwalk in Brooklyn, because the City’s affidavit did not say unequivocally that its records search found no prior written notice, and did not show that all the relevant records were searched.

  Notice of Claim and Municipal LiabilityPremisesSummary Judgment

• October 14, 2026 Second Department

  Trip on a Fire Hydrant Base: Claim Against the Building Owner Dismissed Because the City Was Responsible for the Hydrant (Fung v Exxon Mobil Oil Corp., 2d Dept 2026)

  In New York City, the owner of the building or lot that a sidewalk runs in front of (the “abutting” owner) must keep that sidewalk reasonably safe, but it may not be responsible for a fire hydrant on the sidewalk that it does not own, control, or maintain. Here, the Second Department affirmed the dismissal of a pedestrian’s claim against the abutting owner after his foot caught on a fire hydrant base, because the owner showed that the City was responsible for maintaining the hydrant.

  Sidewalks (Admin. Code 7-210)PremisesNotice of Claim and Municipal LiabilitySummary Judgment

• October 7, 2026 Second Department

  Ambulance Allegedly Sent Without Oxygen: Wrongful Death Claim Against NYC Fails for Lack of a Special Duty (Davis v City of New York, 2d Dept 2026)

  When a city sends an ambulance in response to a 911 call, it is performing a governmental function, and it can be held liable only if it owed the injured person a “special duty.” Here, the Second Department held that the City’s motion to dismiss a wrongful death complaint should have been granted because no such duty was alleged, even though a discovery sanction barred the City from offering evidence on liability.

  Notice of Claim and Municipal LiabilityProcedure and AffirmationsSummary Judgment

• October 7, 2026 Second Department

  Late Notice of Claim Denied: Another Police Department’s Accident Report Did Not Give the Village Notice (Matter of Defonce v Village of Port Chester, 2d Dept 2026)

  When a Notice of Claim deadline is missed, a court considers whether the public body learned the essential facts in time, whether there is a reasonable excuse, and whether the delay hurt its defense. Here, the Second Department affirmed the denial of an injured police officer’s request to serve a late Notice of Claim, holding that an accident report prepared by a different police department did not give the Village of Port Chester actual knowledge of his claim.

  Notice of Claim and Municipal LiabilityVehicle and Traffic

• September 30, 2026 Second Department

  Emailing a Notice of Claim to NYC Transit Is Not Valid Service (Kopitova v NYCTA, 2d Dept 2026)

  Unless email is an authorized method of service for a Notice of Claim, claimants must ensure that papers are served in a manner that the law allows. Here, the Second Department upheld the dismissal of an injured woman’s case, ruling that even though an NYCTA lawyer received the emailed Claim, NYCTA’s prompt rejection required the Claimant to serve by authorized means.

  Notice of Claim and Municipal Liability

• September 30, 2026 Second Department

  Late Notice of Claim Allowed Against NYC Transit Because a Passenger’s Timely Notice Covered the Same Crash (Matter of Tkebuchava v NYCTA, 2d Dept 2026)

  A missed 90-day deadline does not always end a case. Here, the driver of a car hit by a New York City Transit Authority bus missed the deadline, but a passenger on the bus had served her own timely Notice of Claim, which gave the authority actual knowledge of the essential facts, and the authority made no showing that the delay hurt its defense.

  Notice of Claim and Municipal LiabilityVehicle and Traffic

All Decision Day entries

Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.