To commence an action against a municipality, an injured person is generally required to serve a notice of claim within 90 days from the date of the occurrence in question. The nominal purpose of the notice of claim is to allow the municipality to investigate. If a notice of claim is not served within the 90-day deadline, the injured person must move for leave to file a late notice of claim (provided, of course, the statute of limitations has not lapsed).

The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: Jaime v. City of New York — N.Y.3d –, 2024 WL 1200216 (2024). In this column, we will discuss the background of the case and its potential significance for injured parties going forward.