Deadlines That End New York Injury Claims

Deadlines that end New York claims

Authority: CPLR 214(5); EPTL 5-4.1; General Municipal Law §§ 50-e, 50-i; Public Authorities Law § 1212; 11 NYCRR 65-1.1.

The three-year limitations period is the deadline people know about. It is rarely the one that defeats a claim. The shorter clocks are.

Three years — personal injury

CPLR 214(5) gives three years from the date of the accident to commence a negligence action against a private defendant.

Two years — wrongful death

EPTL 5-4.1 runs two years from the date of death, not the date of the injury. The decedent’s own conscious-pain-and-suffering claim remains governed by the three-year personal-injury period.

90 days — notice of claim against a public entity

General Municipal Law § 50-e requires a notice of claim within 90 days of accrual before suing a city, town, county, village or school district. This is a condition precedent: miss it and leave to file late must be sought from the court, which is discretionary and frequently denied.

One year and 90 days — suit against a municipality

General Municipal Law § 50-i shortens the action itself to one year and ninety days from accrual, well inside the ordinary three years.

Transit claims are served separately

A claim against the New York City Transit Authority or the MTA is not preserved by serving the City Comptroller. Public Authorities Law § 1212 governs, and the authority must be served in its own right.

30 days — no-fault notice

The earliest deadline of all. Written notice to the no-fault insurer within 30 days of the accident, under 11 NYCRR 65-1.1.