The Uniform Notice of Claim Act

In June 2012, the New York State Senate and Assembly passed what is known as the Uniform Notice of Claim Act (S07641), which provides for more consistent and clear-cut statewide procedures when it comes to individuals who are seeking to file a Notice of Claim on any public entity. The bill is headed to the desk of Governor Andrew Cuomo, and Gersowitz, Libo & Korek, P.C., is urging him to sign it.

 Throughout the years, many government-created entities have been given the right to such notice by way of a long list of conflicting procedural rules and time limits for these types of notices.   However, by providing for more standardized procedures and time limitations, and by permitting service of Notices of Claim through the Secretary of State, the bill will, in essence, provide uniformity in notifying a municipal entity concerning a potential claim, and will eradicate the confusion of where or how to serve certain municipalities or municipal entities.

What Does This Mean?

Specifically, Notices of Claim can continue to be served directly with governmental entities; however, the bill gives practitioners another option of being able to serve the notices through the Secretary of State, in the same way current laws permit service of process on corporations and business entities. Also, Notices of Claim to any entity that is entitled to receive such notice will be subject to the General Municipal Law’s current rules, which include a 90-day time limit for filing such notices.

Questions About How the Act Might Affect You?

If you have questions or concerns about how the Uniform Notice of Claim Act might affect you, you should contact an area attorney at your earliest convenience.

If you or someone you love has been the victim of a personal injury or accident, please contact Gersowitz, Libo & Korek, P.C. personal injury lawyers serving injured victims in New York and New Jersey at 800-LAW-9997.