How do I sue the State of New York or any of its municipalities?
Answer
Suing a municipality or the state for an injury can be complex and often requires the assistance of an attorney. The attached bibliography recommends Public Access law Library materials that may help you prepare a case.
The New York State Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York or certain other State-related entities such as the New York State Thruway Authority, the City University of New York, the Olympic Regional Development Authority, the Roswell Park Cancer Institute Corporation and the New York State Power Authority (claims for the appropriation of real property only).
Suing the state or municipality requires filing a "Notice of Claim." See the attached links for information on filing a "Notice of Claim" and the deadlines for filing the Notice of Claim.
The Court of Claims has no jurisdiction over any city, county or town government, or over any individual defendant -- Court of Claims Home page. In New York City, the City Comptroller is responsible for claims filed against the City. Its website provides forms and guidance. In other cities and counties, the Law Department may be responsible. Research will be required in local practice.
Links & Files
- 22 NYCRR Part 202 Uniform Civil Rules For The Supreme Court And The County Court Opens in new window
- 22 NYCRR Part 206 Uniform Rules for the Court of Claims Opens in new window
- Court of Claims Act Opens in new window
- General Municipal Law, art 4 Negligence and Malfeasance of Public Officers; Taxpayers' Remedies Opens in new window
- New York Court of Claims Opens in new window
- New York City Comptroller -- File a Claim Opens in new window
- Municipal_Tort_Liability_Practice.pdf