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Notice of Claim

In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6).[1]The court granted defendant’s […]

In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York State and City Human Rights Laws against the Borough of Manhattan Community College, since she did not comply with the notice of […]

In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court, […]

In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff […]

In personal injury litigation against the City of New York, the name of the game is the Notice of Claim. In Lewis v. New York City Hous. Auth., 2016 NY Slip Op 00040 (App. Div. 1st Dept. Jan. 7, 2016), the court affirmed the lower court’s order granting defendant’s motion to strike allegations from plaintiff’s […]

It has been reported that the former personal secretary to Glenn Jorgensen, the Town of Smithtown Superintendent of Highways, has settled her claims of sexual harassment, hostile work environment, and wrongful termination against the Town and Jorgensen for $75,000. In her Dec. 9, 2014 Notice of Claim (below), Ms. Smith alleged, among other things, that Jorgensen […]

Last year, a Times Square Spiderman, Junior Bishop, was criminally charged with punching a police officer. Following the dismissal of his criminal case, he has taken steps to sue the City for, among other things, his alleged false arrest. Here are the petition in support of his request to file a late “notice of claim” and […]

In Margerum v. City of Buffalo (NY Ct. App. 2/17/15), the New York Court of Appeals held that a notice of claim need not be filed for a Human Rights Law claim against a municipality. In this case, plaintiffs – 12 white firefighters – alleged that the defendant “engaged in reverse, disparate treatment racial discrimination” relating […]

If you have been injured due to the negligence of a municipal entity (such as the City of New York), you will need to file a document known as a “Notice of Claim” within a fixed deadline after the accident or event in order to protect your rights. Failure to do so may result in dismissal […]

A recent First Department decision, Cambio v. City of New York (decided June 19, 2014), underscores the notice function of a “notice of claim” and held that the plaintiff’s subsequent deviation from allegations in his notice of claim mandated dismissal. The facts: Plaintiff, who is legally blind, alleged in his notice of claim that he […]