United States · New York civil procedure
When must a required public-corporation tort notice be served?
General Municipal Law 50-e ordinarily requires a notice within ninety days after a qualifying tort claim arises, where the law requires notice.
- Period
- 90 days
- Trigger
- Independently established accrual of the qualifying tort claim
- Rule
- General Municipal Law 50-e
Current official provision, website revision from 2026-02-20. Reviewed. A revision label is not an inferred effective date.
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Which event starts the General Municipal Law 50-e requirement?
Identify the public corporation and the law that requires this notice. Do not infer a universal notice requirement from government involvement.
Establish the claim’s accrual and correct statutory recipient, with no assumed disability, revived-claim exemption or wrongful-death branch.
Responsible actor. The tort claimant required by the applicable law to serve this public corporation. An ordinary required GMU 50-e tort notice, excluding wrongful death, exempt claims and actual late-notice relief.
General Municipal Law 50-eHow is the stated statutory period counted?
- Identify the public corporation and the law that requires this notice. Do not infer a universal notice requirement from government involvement.
- Establish the claim’s accrual and correct statutory recipient, with no assumed disability, revived-claim exemption or wrongful-death branch.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- Serve the sworn written notice with the statutory contents by an authorized method on the proper recipient. Retain actual personal service or qualifying registered/certified posting proof.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 20, event-day exclusionWhat does the independently derived example establish?
Fictitious example
An ordinary required GMU 50-e tort notice, excluding wrongful death, exempt claims and actual late-notice relief. Fictitious established facts. An ordinary required GMU 50-e tort notice, excluding wrongful death, exempt claims and actual late-notice relief.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established accrual of the qualifying tort claim | September 1, 2026 |
| Disclosed statutory component | 90 days | Monday, November 30, 2026 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- Completion methods
- GMU 50-e(3)(b) completes qualifying in-state registered/certified service on proper posting. Approved large-city electronic service uses its receipt event.
- Late notice
- Section 50-e(5) requires a court application and actual discretionary permission, limited by the suit period.
- Excluded and revived claims
- Check GMU 50-e(8)’s benefit-law, infant-ward and child-sexual-conduct exclusions, and the specific CPLR 214-j or 208-a revived-claim exemptions. No exemption is presumed.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- An ordinary required GMU 50-e tort notice, excluding wrongful death, exempt claims and actual late-notice relief.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about General Municipal Law 50-e
When must a required public-corporation tort notice be served?
Does every claim against government require this notice?
No. Establish the legal notice requirement, public-corporation identity and statutory exemptions.
General Municipal Law 50-eIs certified service complete on arrival, as in Court of Claims?
GMU 50-e(3)(b) specifies proper in-state posting. CTC 11 instead requires attorney-general receipt.
Court of Claims Act 11Does ninety days also set the lawsuit deadline?
No. The notice and applicable action limitation are distinct.
General Municipal Law 50-iOfficial procedural, counting and completion sources
Provisions used (10)
| Provision | Purpose |
|---|---|
| General Municipal Law 50-e | The particular actor, event, period and required act |
| Court of Claims Act 11 | Branch-specific service or filing completion |
| General Municipal Law 50-i | Additional procedural event or qualification |
| Court of Claims Act 11, claim filing and service | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |