Thursday, February 23, 2017

Notices of claim.

Practice point: A notice of claim must state the time when, the place where and the manner in which the claim arose, pursuant to General Municipal Law § 50-e[2].  Service of the notice within 90 days after accrual of the claim is a condition precedent to the commencement of a tort action against a municipality or a public benefit corporation such as the Transit Authority. The purpose of the statutory notice requirement is to afford the public corporation an opportunity to investigate the circumstances surrounding the accident and to explore the merits of the claim while information is still readily available.  The statute is not meant as a sword to cut down honest claims, but merely as a shield to protect municipalities against spurious ones. Therefore, a court may, in its discretion, allow a mistake, irregularity, or defect in a notice of claim to be corrected as long as that mistake, irregularity, or defect was made in good faith and the public corporation was not prejudiced thereby.

Case:  Bowers v. City of New York, NY Slip Op 01174 (2d Dep't February 15, 2017)

Here is the decision.

Tomorrow's issue:  Dismissal of an age-based employment discrimination claim.