What is the key purpose of a notice of claim in New York?

The primary purpose of a notice of claim in New York is to formally inform a municipality of a potential claim against it. This requirement is crucial because it allows the municipality to investigate the claim before a lawsuit is filed and to assess potential settlements or defenses. Under New York General Municipal Law § 50-e, a notice of claim must be served within a specific timeframe, generally within 90 days of the incident, which helps ensure that the relevant facts are fresh and that the municipality has an opportunity to address the claim in a timely manner.

This pre-litigation step serves to protect municipalities by giving them the chance to rectify issues and potentially resolve disputes without the need for costly litigation. If the notice of claim is not properly filed, claimants may find that they are barred from pursuing their claims in court against the municipality. Thus, understanding the importance of the notice of claim is essential for anyone navigating legal claims in New York regarding municipal entities.