New York Law (NYLE) Practice Exam

May Jane bring a lawsuit against the municipality after slipping at a gathering in January 2020?

1. No, because the statute of limitations for bringing a lawsuit against a municipality has expired

2. No, because Jane did not serve the municipality with a notice of claim and the court does not have discretion to extend service

3. Yes, if the court extends the time in which Jane may serve the municipality, but not past May

4. Yes, if the court extends the time in which Jane may serve the municipality, but not past April

The correct answer is: Yes, if the court extends the time in which Jane may serve the municipality, but not past April

In New York, when someone wishes to sue a municipality for personal injury, they must first file a notice of claim within a specific time frame, typically within 90 days of the incident. This requirement is vital as it preserves the municipality's right to investigate the claim before the lawsuit is formally initiated. In this scenario, since Jane experienced her slip at a gathering in January 2020, she would need to consider the deadlines associated with serving the notice of claim. If the incident occurred at the beginning of January, she must have served the notice of claim by approximately the end of March 2020 to meet the usual deadline. However, if there were special circumstances, such as Jane being unable to meet that deadline, she might seek permission from the court to serve that notice late. The court has the discretion to allow a late filing of the notice of claim, but this discretion is typically limited, often requiring that no significant prejudice is inflicted upon the municipality due to the delay. The correct answer asserts that if the court extends the time for Jane to serve the municipality, it cannot be pushed past April. This implies that the potential extension given by the court aligns with that general 90-day timeframe, ensuring Jane's notice of claim would still be timely