QUESTION

Whats if I don't file suit within 1 year and 90 days after notice of claim?

Asked on Mar 17th, 2020 on Slip and Fall - New York
More details to this question:
I filed notice of claim on Oneida county in March 2018 filed suit to attorney In April 2019. Had 50 h hearing June of 2018 and heard nothing since my poor person motion . If it is denied do i still have 1year and 90 days from incident to serve correct entity
Report Abuse

1 ANSWER

Automobile Accidents Attorney serving New York, NY
4 Awards
Your question is a bit confusing.  If you filed a Notice of Claim in March 2018, your time in which to file a lawsuit against the municipality expired in or about June 2019.  Your statute of limitations was not tolled / paused pending determination of your poor person application.  If you brought a timely lawsuit, you had 120 days in which to serve them (no later than October 2019).  Lastly, if you filed a lawsuit against the wrong entity altogether, your time in which to file a Notice of Claim / lawsuit will have long since expired and you would need permission from the Court in order to file a late Notice of Claim or lawsuit, a question that is far too complicaterd to answer in this context.  Your best bet would be to speak with an experienced attorney. Hope this helps. Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com
Answered on Mar 23rd, 2020 at 7:13 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters