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Suing the New York City Police Dept.

New York, NY |
Filed under: Police misconduct

Hello,
I am thinking about suing the New York City Police Dept. Are there any special requirements I should be aware of? I have been to court before so I know the basics.

Attorney Answers 4

Posted

You need to serve a Notice of Claim on the City of NY within 90 days of accrual to preserve your state law claims.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

Thanks. Also, if I am suing other people as well as the police, do I sue in something called the "Court of Claims"?

Eric Edward Rothstein

Eric Edward Rothstein

Posted

Court of Claims is to sue only the State of New York. Talk to a lawyer.

Posted

You must file a Notice of Claim within 90 days of the incident. If this involved an arrest, the claim must be filed within 90 days of your release from custody to preserve the false arrest charge. The NYC Comptroller has a form and instructions on its web site.

I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com

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Posted

Thanks. Also, if I am suing other people as well as the police, do I sue in something called the "Court of Claims"?

Jay K Goldberg

Jay K Goldberg

Posted

No. Court of Claims is only for suits brought against the State of NY or its agencies.

Posted

In addition to the prior responses, you should be ready for a 50 H hearing and then file the summons and complaint within a year and ninety days of the time the action accrued.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

What is a 50H hearing? Also, if I am suing other people as well as the police, do I sue in something called the "Court of Claims"?

Jayson Lutzky

Jayson Lutzky

Posted

You should consult with an attorney, many years of exoerience to teach you to litigate in court. You are over your head. 50 h is a hearing after a notice of claim. Court of claim for state cases, not city cases.

Posted

besides the Notice of Claim requirement that others mentioned, you should be aware that state law claims have statute of limitations shorter than federal law claims. For intentional torts, for instance, one generally needs to sue within 1 year of the date of the incident. I thus, encourage you to schedule a consultation with a NYC Civil Rights lawyer.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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