Sidewalk and Public Property Falls in New York

In New York City, property owners are responsible for installing, repairing and maintaining the sidewalks next to their property (NYC Administrative Code § 19-152), including clearing snow, ice and debris, and under Administrative Code § 7-210 owners are potentially liable for personal injuries caused by their failure to maintain the sidewalk. After receiving a Notice of Sidewalk Violation, an owner has 75 days to make the repair, or NYC DOT may have a contractor do the work and bill the owner. Outside New York City, sidewalk liability rules are set by other state and local laws not reviewed for this entry.

Before suing a city, county, town, village, fire district or school district for personal injury, a notice of claim must be served within 90 days after the claim arises, delivered personally or by registered or certified mail to the person designated by law to receive a summons (or an attorney regularly representing the public corporation). The lawsuit may be started only after at least 30 days have passed without the claim being paid or adjusted, and must be commenced within one year and 90 days after the event (two years from death for wrongful death). A court may allow late notice, but not beyond the time limit for starting the lawsuit. Claims against the State of New York go to the Court of Claims under separate rules.

For tort claims against a city, county, town, village, fire district or school district, a written, sworn notice of claim must be served within 90 days after the claim arises (for wrongful death, within 90 days after a representative of the estate is appointed). The lawsuit may be filed only after at least 30 days have passed without payment or adjustment, and must be filed within one year and 90 days after the event (two years after the death for wrongful death).

Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims).