Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Does NYC own all sidewalks in the city?
No. Under NYC Administrative Code §7-210, the adjoining property owner — not the City — is typically responsible for maintaining the sidewalk and faces liability for injuries caused by defects. The City retains responsibility only for sidewalks adjacent to one-, two-, or three-family owner-occupied residential properties.
What is a Notice of Claim and why does it matter?
A Notice of Claim is a formal written notice you must file with the NYC Comptroller’s Office within 90 days of your injury if you intend to sue a city agency. Missing this deadline generally bars your lawsuit entirely, regardless of how serious your injuries are.
What does “prior written notice” mean in a sidewalk case against NYC?
Prior written notice means the City must have received a specific, written complaint about the exact defect that caused your fall before the accident occurred. Without proof the City had this notice, your case against the municipal entity will likely be dismissed.
How long do I have to file a lawsuit for a sidewalk trip and fall in New York?
Under CPLR §214, the statute of limitations for personal injury claims in New York is three years from the date of the accident. However, the 90-day Notice of Claim deadline is a separate, earlier requirement that applies when suing NYC or another municipal defendant.