The 90 Day Notice of Claim Rule

In the case of Tupaz v. City of New York, a Staten Island Judge, Justice DiDomenico, dismissed, on a legal technicality, the lawsuit of a Staten Island homeowner who sought to recover money damages against New York City after multiple City sewer back-ups caused damage to his house. The problem was that the homeowner filed the required Notice of Claim within the 90 days after the discovery of the cause of the damage, the defective sewer line, and not within the required 90 days of the actual damage. Although this was a property damage claim, the same rule applies (except for certain medical malpractice claims against the City) to personal injury claims. The lesson to learn here is if you have a claim that MAY be against The City of New York or any of its agencies or departments, make sure that a Notice of Claim is filed within 90 days of the event. www.foleygriffin.com.