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KJLLAW, Attorney
Category: Business Law
Satisfied Customers: 1359
Experience:  Attorney at Law Office of KJLLAW
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Regarding Notice of Intent to Sue, how is available time

Customer Question

Regarding Notice of Intent to Sue, how long is available time period ? (Statute of Limitations ) and what NYS reference would be used to show time limit to file ?
Submitted: 1 year ago.
Category: Business Law
Expert:  KJLLAW replied 1 year ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Under NY law, lawsuits against other NY State Government, cities, counties and towns, are governed by the General Municipal Law, and require serving a Notice of Claim within 90 days after the incident. A failure to file the claim precludes the filing of a claim against the government body.

I hope this helps with your question.

Customer: replied 1 year ago.
Good Afternoon KJLLAW I was away from computer for a few minutes for a "wife request" relating to a squirrel in our basement.
The situation regarding a Notice of Intent relates to damages for which my son and I would like to recover. The amount is over $41,000 and we believe we have an adequate complaint and substantiating records.
I have looked on internet, but do not find a NYS Statute showing the statute of limitations for filing the Notice of Intent.
If you can locate the statute, that should save me some further search.
Thanks in advance for any help. Bob FitzGerald Geneva NY
Expert:  KJLLAW replied 1 year ago.
If the claim is against the county or city then any claim for damages must be filed in 90 days of the event/damage. If you miss the 90 day deadline then you are precluded from filing an action in court against the government entity.
Customer: replied 1 year ago.
KJLLAW Thank you for your help. I found that their are two types of Notice Of Intent to sue. One is for municipalities and the second is for private parties. I noted the 90 day period and the one for private parties is still unknown. I did determine that there is a 3 year statute of limitations for malpractice, - which would be applicable for our situation. Thank you for your input.
I will search further and could get back to you regarding private party actions if I need further help. Thanks again.
Expert:  KJLLAW replied 1 year ago.
Your welcome. Please rate the service so I get credit for assisting.