A notice of claim is a condition precedent to an action or special proceeding sounding in tort against a public corporation, pursuant to General Municipal Law §§ 50-e[1][a]; 50-i[1]. Service of a notice of claim upon the City based upon damage to real property must be served within 90 days of the action's arising. If the plaintiff fails to serve the proper parties with a written notice of claim within the statutory period, the action must be dismissed.
17 Belvedere, LLC v. City of New York, NY Slip Op 04731 (2d Dep't July 29, 2026)
