Articles Posted in Municipal Liability

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In prosecuting a civil case seeking monetary compensation for police misconduct, it may be necessary to obtain a transcript of the grand jury testimony of the officer accused of misconduct; the testimony can be essential to proving the case and achieving compensation for the client.

For example, our firm represented a client who spent months in jail only to have the charges dismissed for insufficient evidence.  A preliminary investigation by our firm revealed that the officer had likely falsified records including affidavits in support of search warrants, arrest reports, and a criminal complaint; in addition to having falsely testified before the grand jury.

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bus standAny time a prospective client walks into to my office with a personal injury case that occurred on public municipal property there are certain questions that must be asked in order to appropriately analyze the client’s claim.  One of the most challenging aspects of suing a municipal defendant or one of its quasi-public municipal corporations in the State of New York is drafting and subsequently serving a timely notice on the appropriate municipal defendant.  Pursuant to New York General Municipal Law § 50(e) any person that intends to sue the City must file a Notice of Claim within 90 days after the claim arises with the appropriate department.  This statute includes the City of New York along with its “Mayoral Agencies” such as NYPD, FDNY, DOT, DEP Department of Finance, New York City Community Colleges, Department of Corrections, etc.  If you intend to sue the City of New York or one of its “Mayoral Agencies” you must file three original Notice of Claim forms with the City of New York Comptroller.

GML § 50(e) also requires you to file a Notice of Claim if you intend to sue any “Non-Mayoral Agency”, this includes governmental Continue reading →