New York Law (NYLE) Practice Exam

What is the maximum time to serve a late notice of claim against a municipality related to a negligence claim?

1. One year from the date of the incident.

2. 90 days from the court's decision.

3. One year and 90 days from the date of the incident.

4. Six months from the date of the incident.

The correct answer is: One year and 90 days from the date of the incident.

The maximum time to serve a late notice of claim against a municipality related to a negligence claim is indeed one year and 90 days from the date of the incident. This period is established by New York law, specifically under the New York General Municipal Law, which dictates the requirements for filing notices of claims against municipal entities. Initially, a claimant must serve a notice of claim within 90 days after the claim arises. However, if that initial deadline is not met, the claimant can apply to the court for permission to serve a late notice of claim. If the court grants this application, the claimant is then allowed to file the notice of claim within one year and 90 days from the date of the incident that caused the injury or damage. This extended timeframe gives claimants additional opportunity to pursue their claims while still adhering to the statutory framework governing such actions against municipalities. Understanding these time limits is crucial for any legal practitioner dealing with claims against municipalities to ensure that claims are timely and valid under New York law.