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corporate counsel & municipal law

Pothole
Municipalities have a myriad of issues that affect day-to-day operations that require separate and experienced counsel’s guidance. Our attorneys in the Municipal Law practice group have represented numerous and diverse Counties, Towns, Villages, School Districts, and Fire Districts. Our experience includes handling the negotiation of union employment contracts; employment disciplinary proceedings; compensation and termination disputes; the drafting and implementation of employee handbooks and vendor contract drafting.

Claims against municipalities also involve separate and distinct issues of timing and procedural rules. These apply to any municipal entity, including villages, towns, cities, counties, school districts, public authorities or other state and locally owned businesses. In New York, plaintiffs generally have 3 years to bring a lawsuit to recover for injuries caused by another’s mistake. However, where a municipality or public authority or the state are involved, the time-tables are much shorter and additional requirements must be met. If these things do not happen, the claims are not viable.
 
 
 
Claims against municipal entities first require service of a Notice of Claim or a Notice of Intention to file a claim (claims against the State of New York) within 90 days of the accident. Then, a plaintiff must wait at least 30 days for the municipality or the state to have an opportunity to adjust the claim. This condition must be met to preserve a plaintiff’s right to bring a lawsuit. Then, if the claim is not adjusted and paid, the plaintiff must file their lawsuit within 1 year and 90 days of the accident (villages, school districts, towns and some public authorities) or within 2 years where the plaintiff is suing the State of New York.

There are several issues that must be investigated in relation to Notices of Claim or Notices of Intention. Determining correct ownership and operation of the place or vehicle involved in an accident is critical and must be done quickly. Similarly, where an accident involves a sidewalk, street or other hazard, many village and town codes require prior written notice of a defect before anyone else can bring a lawsuit. Full investigation of the claims must be done and proper procedural conditions must be followed. Municipalities must notice and conduct hearings of the individuals filing lawsuits in a timely manner and work to adjust the claims accordingly.

Our attorneys can handle any matter involving municipalities and are ready to advise you.
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