New York Law (NYLE) Practice Exam

What is the statute of limitations for a negligence case against a municipality?

1. Two years

2. One year and 90 days

3. Three years

4. Five years

The correct answer is: One year and 90 days

In New York, the statute of limitations for bringing a negligence claim against a municipality is specifically outlined to be one year and 90 days. This truncated timeframe applies because municipalities are considered governmental entities that are entitled to certain protections under the law. The shorter limitation period serves to encourage prompt notification and resolution of claims against municipalities, thereby facilitating their function and governance. This statute is codified under the Public Authorities Law and other relevant state statutes, which dictate that individuals must file a notice of claim with the municipality within 90 days of the incident giving rise to the claim and initiate a lawsuit within one year of the date the claim arose. This requirement reflects the public policy interests in efficiently managing municipal resources and ensuring that claims are resolved swiftly. The options regarding two years, three years, and five years pertain to other types of negligence claims or different legal actions, but do not apply to negligence against municipalities within the state of New York. Thus, the correct understanding of the statute of limitations in this context is crucial for anyone pursuing a claim against a municipal entity.