New Law For Notice of Claim

A good step in the protection of the rights of injured people was taken by the legislature with the passage of the uniform notice of claim act.   Claims against most municipalities are governed by the general municipal law which  provides a two step process:

First a notice of claim must be served upon the municipality within 90 days and

Second any lawsuit must be commenced within a year and 90 days of the injury.

However, many municipalities and quasi-municipal entities had other time requirements. In addition, the person  to serve and the manner of delivery has been the source of frequent errors.

This new law provides that the time is the LONGER of one year and 90 days, or the time otherwise provided and very importantly, allows for service upon the New York Secretary of State in Albany.  This may  be done by certified mail return receipt requested or by personal delivery.

This is  not all a free gift to the injured in pursuing a claim.  A fee of $250.00 must be paid to the Secretary of State with each notice of claim.

The ability to serve the municipality directly such as the Clerk of a County, Town or Village  remains an option.

As a result of our many years of litigating claims KEEGAN & KEEGAN, ROSS & ROSNER, LLP has compiled a list of the municipalities on Long Island and the person to serve. If you or someone you care for has been injured consult with an attorney immediately to determine if a notice of claim should be filed, even as a precaution. It is generally a good practice, particularly if serious injuries are involved.

Online Filing for Biennial Statements

Business corporations and limited liability companies are legally mandated to file Biennial Statements with the Department of State every two years. The Statements provide the Defendant with updated contact information of the business. In particular, the information is used to locate an address when a service of process is required. When the Department of State is served on behalf of the business entity, the service of process address is the address used to mail the summons or subpoena to the entity or it’s designated representative.

Beginning May 1, 2012, most business corporations and limited liability companies may file their Biennial Statement online and pay the $9 fee using a credit or debit card. The Biennial Statement form, which will be mailed to the address of the corporation or LLC, will provide the necessary information for online filing.

Online filing is only available if an entity received a Biennial Statement form from the Department of State after May 1, 2012.