Notice of Claim and Municipal Liability
Decisions on injury claims against New York cities, counties, and public authorities, including the Notice of Claim that generally must be served within 90 days (General Municipal Law § 50-e).
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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.
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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.
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.
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