Reviewed by Alexander Karasik, Esq., Personal Injury Attorney | 19+ Years Experience | Super Lawyers 2021-2024 | Last Updated: May 2026

The 90-day Notice of Claim is the single biggest reason that valid MTA injury cases die in New York. Most accident victims assume they have the standard 3-year personal injury window to think things over, find a lawyer, and decide whether to file. For claims against the MTA, NYC Transit Authority, NYC, or any other public corporation, that assumption is wrong, and the consequences of getting it wrong are usually permanent.

This guide explains what the Notice of Claim is, exactly which agencies it applies to, what the document must contain, what happens during the 90-day window, and the strategic moves that protect a case in those first three months.

The Karasik Law Quote on This Exact Issue

Per Alexander Karasik, Esq., founder of Karasik Law Group, P.C.:

That “shorter amount of time” is the 90-day Notice of Claim window plus the 1-year-and-90-day lawsuit deadline. Both are codified in New York General Municipal Law:

• GML § 50-e: Written Notice of Claim must be served on the public corporation within 90 days of the accident.
• GML § 50-i: The lawsuit itself must be commenced within 1 year and 90 days of the accident.

Which Agencies and Vehicles Trigger the 90-Day Rule

The Notice of Claim requirement applies to a long list of New York public corporations. The most common in NYC personal injury practice:

• Metropolitan Transportation Authority (MTA) and its constituent agencies
• New York City Transit Authority (NYCT), which operates buses, subways, and Staten Island Railway
• MTA Bus Company
• Metro-North Railroad and Long Island Rail Road (LIRR)
• Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA)
• City of New York directly, including NYPD vehicles, NYC sanitation trucks, FDNY vehicles, NYC Department of Transportation vehicles
• New York City Housing Authority (NYCHA)
• New York City Health + Hospitals (NYC H+H), including Bellevue, Kings County, Elmhurst, Jacobi, and other public hospitals (medical malpractice claims also subject to 90-day Notice)
• School Construction Authority and NYC Department of Education

If you were injured anywhere in NYC and a vehicle, premises, or employee of any of these agencies was involved, the 90-day clock is running.

What a Notice of Claim Must Contain

General Municipal Law § 50-e specifies what a Notice of Claim must include. The notice is not just a phone call or an email; it is a sworn document with specific required content:

1. Name and post-office address of the claimant and of the claimant’s attorney, if any.
2. The nature of the claim (negligence, premises liability, medical malpractice, etc.).
3. The time when, the place where, and the manner in which the claim arose. This is the section that most often gets a Notice of Claim rejected. Vague language like “near the corner of X and Y” is sometimes deemed insufficient.
4. The items of damage or injuries claimed to have been sustained, with enough specificity that the public corporation can investigate.
5. The notice must be verified (sworn under oath) by the claimant.
6. Service is required on the public corporation in the specific manner GML § 50-e requires (personal service, certified mail with return receipt, or another approved method, depending on the entity).

A defective Notice of Claim can sometimes be corrected if the defect is technical and the public corporation had actual notice within the 90-day window. A late Notice of Claim can sometimes be filed with court permission, but courts are increasingly strict about granting late-notice applications. Neither of these escape hatches is reliable, which is why getting the Notice right within the original 90 days is the single most important step in any MTA or municipal injury case.

What Happens During the 90-Day Window

From the day of the accident, the realistic timeline looks like this:

• Days 1 to 7: Get medical treatment. Identify the public agency involved (MTA bus, NYCHA premises, NYCT subway, etc.). Save all records, photos, witness contact information, and the police or transit incident report.
• Days 7 to 30: Consult a personal injury attorney experienced in municipal-claim cases. Authorize the attorney to begin drafting the Notice of Claim. Continue medical treatment.
• Days 30 to 75: Notice of Claim drafted, verified, and served on the correct public corporation by an approved method. Documentation supporting the injuries (medical records, ER report, imaging, treating-physician statements) gathered in parallel.
• Days 75 to 90: Confirm proper service was completed. Receive any acknowledgment from the public corporation. Begin preparing for the General Municipal Law § 50-h hearing (a sworn examination of the claimant by the public corporation’s attorney, which the agency typically demands shortly after notice).

None of this happens automatically. Each step requires active legal work. Waiting “to see if I feel better” or “to see what the insurance offers” is what causes most cases to die at the 90-day mark.

The 50-h Hearing

Under General Municipal Law § 50-h, the public corporation has the right to demand a sworn examination of the claimant before any lawsuit is filed. This hearing is often scheduled 60 to 90 days after the Notice of Claim is served, and it is a powerful tool the agency uses to test the case.

The hearing is conducted under oath, transcribed by a court reporter, and looks like a deposition. The questions cover the accident, medical treatment, prior injuries, employment history, and any other topic the agency’s attorney wants to explore. Anything you say at a 50-h hearing can and will be used in the eventual lawsuit.

This is one of the strongest reasons not to handle an MTA case without an attorney. Walking into a 50-h hearing unprepared, without a lawyer who knows what questions to anticipate, almost always damages the case.

The 1-Year-and-90-Day Lawsuit Deadline

Even after the Notice of Claim is filed and the 50-h hearing is held, the actual lawsuit against the public corporation must be commenced within 1 year and 90 days of the accident under GML § 50-i. This is much shorter than the standard 3-year personal injury statute of limitations.

For comparison:

• Private driver causes a Brooklyn car crash: 3 years to file the lawsuit.
• MTA bus causes the same crash: 90 days to file Notice of Claim, then 1 year and 90 days to file the lawsuit.

The shortest of those two municipal deadlines (often the 90-day Notice) controls when the case has to start moving in earnest.

Common Cases Subject to the Notice of Claim Rule

The Notice of Claim affects a wide range of NYC injuries that people do not immediately associate with “the government”:

• MTA bus accidents. Whether you were a passenger, pedestrian struck by the bus, or driver of another vehicle hit by the bus.
• Subway platform falls and slips. Including escalator and stairway incidents at NYCT-operated stations.
• Subway train incidents, including emergency stops causing passenger injuries, doors closing on passengers, and crowd-related falls.
• Metro-North and LIRR incidents, at stations or onboard.
• Trip and fall on NYC sidewalks adjacent to public schools, parks, or city-owned buildings. Note that under NYC Administrative Code § 7-210, sidewalk liability for non-residential properties usually shifts to the abutting property owner, but accidents on city-owned property still trigger the Notice rule.
• Slip and fall at NYCHA buildings. Lobbies, stairwells, parking lots, and grounds.
• Medical malpractice at NYC Health + Hospitals facilities. Bellevue, Kings County, Elmhurst, Jacobi, and other public hospitals are subject to the 90-day Notice rule.
• Injuries caused by NYC sanitation trucks, NYPD vehicles, or FDNY vehicles.
• Injuries to NYC public school students or visitors on school property.

What Compensation Is Available

The damages available in MTA and municipal cases are the same as in any other personal injury case. Per Karasik: “Generally, many different types of damages may be recovered in a personal injury case. Damages are usually divided into economic (out of pocket losses) and non-economic (i.e. loss of enjoyment of life, or wrongful death) damages. For example, here are some of the damages that can be recovered in a personal injury case: pain and suffering, lost wages, past and future medical expenses, and loss of future earning capacity.”

The MTA and the City of New York are large self-insured entities, which means there is usually no insurance-policy ceiling capping the recovery. Verdicts and settlements in serious-injury cases against the MTA can reach into the high seven and eight figures.

Karasik Law Group in Brooklyn, NY

Karasik Law Group, P.C. is a personal injury law firm at 3374 Shore Parkway, Floor 1, Brooklyn, NY 11235. The firm is led by Alexander Karasik, Esq., who has approximately 19 years of personal injury experience and has been recognized in Super Lawyers 2021-2024. Karasik Law Group serves all five NYC boroughs and New Jersey, and the firm communicates in English, Spanish, Russian, Uzbek, and Georgian.

If you or a family member was injured in an accident involving the MTA, NYCT, NYC, or any other New York public corporation, contact our office immediately. The 90-day clock does not pause while you decide. Per Karasik: “The sooner the better.” Per Karasik on the firm’s fee structure: “We advance all costs of litigation and work on contingency fees in personal injury, construction accident, wrongful death and medical malpractice actions. This means, clients don’t pay anything unless and until there is recovery.”

Schedule a Free Consultation

Or call (929) 444-4444

Frequently Asked Questions

What if I missed the 90-day Notice of Claim deadline?

You can apply to a court for permission to file a late Notice of Claim under GML § 50-e(5). Courts consider whether the public corporation had actual knowledge of the facts within 90 days, whether the delay was reasonable, and whether the corporation will suffer prejudice from the late notice. Courts have become increasingly strict about granting these applications, and many late-notice applications are denied. Try not to rely on this escape hatch.

Does the 90-day rule apply if a private vehicle hit me at the same intersection where an MTA bus was involved?

Yes, for the claim against the MTA. The 3-year deadline applies to your claim against the private vehicle, but the 90-day Notice of Claim is required for the parallel claim against the MTA. Most attorneys file both in the early window to preserve all available recovery sources.

I was hurt at a public hospital. Does the 90-day rule apply to my medical malpractice case?

Yes, if the hospital is part of NYC Health + Hospitals (Bellevue, Kings County, Elmhurst, Jacobi, Lincoln, Coney Island, Metropolitan, Harlem, Woodhull, etc.). The Notice of Claim must be filed within 90 days of the malpractice or 90 days from the date you reasonably could have discovered the malpractice. Private hospitals are not subject to the Notice rule and use the standard 2.5-year medical malpractice statute of limitations.

Will the MTA or City just settle once I file the Notice of Claim?

Sometimes, but usually not at full value. Public corporations have aggressive defense practices and almost always demand a 50-h hearing, take a deposition of the claimant, and litigate before agreeing to any meaningful settlement. The Notice of Claim starts the process; it does not end it.

Do I have to file my own Notice of Claim, or can I have an attorney do it?

An attorney files it on your behalf. The Notice still requires verification (your sworn signature on a verified statement), but the drafting, factual investigation, and proper service are all handled by counsel.

What does it cost to hire Karasik Law Group for an MTA or municipal case?

Nothing upfront. Per Karasik: “We work on contingency fees in personal injury, construction accident, wrongful death and medical malpractice actions. This means, clients don’t pay anything unless and until there is recovery.” The firm advances all costs of litigation, including costs related to investigating municipal claims and preparing for the 50-h hearing.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.