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.

Relevant Background and the First Department Decisions in ‘Jaime’ and ‘Orozco’