How to Win Legal Action Against NYC in 2025

By Dansker & Aspromonte Associates Legal Team • Reviewed by Daniel P. Smith, Esq • August 2025 • 8 min read

Notable wins: $4.4M for ponding on Grand Central Parkway, $3.3M for an unguarded excavation that injured a cyclist, $1.9M for a driver who fell through a broken grate.

The Reality of Suing NYC for Road Injuries

When you’re hurt by a pothole, cracked pavement, or missing signage in New York City, you might assume the city’s responsible—and you’d often be right. But collecting compensation is another story entirely.

I’ve spent three decades representing injury victims across all five boroughs, and I’ve watched NYC perfect an almost impenetrable legal shield. The city faces thousands of roadway injury claims each year, paying out hundreds of millions in settlements, but it has built a legal strategy that defeats many legitimate claims before they ever reach a courtroom.

Here’s what most people don’t understand: NYC operates under what we call the “Pothole Law”—a set of rules that puts the burden squarely on you to prove not just that you were injured, but that the city knew about the specific hazard that hurt you. It’s not enough that the condition was obviously dangerous. The law requires written notice to the Department of Transportation about your exact location before your accident occurred.

Think about that for a moment. Most people discover dangerous road conditions the hard way—when they’re injured by them. But the law requires the city to have known about the problem beforehand through formal written complaints. It’s a catch-22 that protects NYC from most legitimate injury claims.

Why Most Claims Fail (And How to Avoid These Mistakes)

After handling hundreds of these cases, I can tell you that roughly 70% fail not because the injuries aren’t real or the city isn’t at fault, but because victims don’t understand, or cannot prove, the strict legal requirements.

The Prior Written Notice Requirement

NYC Administrative Code § 7-201 gives the city its most powerful defense. Under this statute, the city cannot be held liable for injuries caused by defects on streets, sidewalks, or crosswalks unless it had prior written notice of the exact hazard. That notice must come in one of three ways:

• a written complaint to the Department of Transportation identifying the defect
• a written notice of an injury caused by the defect, or
• the city’s own written acknowledgment of the condition without timely repair.

If none of these notice requirements are met, courts will dismiss the case outright.

Here’s where people get confused: 311 complaints don’t count as proper written notice unless they result in a formal DOT work order. I’ve seen cases where residents called 311 dozens of times about a dangerous pothole, but because those complaints never generated official DOT paperwork, the city successfully claimed they had no notice.

Requirement	NYC Municipal Claims	Private Property Claims
Filing Deadline	Must file a Notice of Claim within 90 days. Lawsuit generally must be filed within 1 year and 90 days	Standard statute of limitations applies (typically 3 years for personal injury in NY)
Notice of Hazard	Must prove prior written notice to the NYC Department of Transportation (DOT) or another city agency, or that the City created the defect	Constructive notice is enough — owner is liable if hazard existed long enough that they should have discovered and fixed it
Legal Defenses	City can assert qualified immunity for discretionary decisions (e.g., repair priorities, resource allocation)	No governmental immunity. Defenses are limited to lack of notice or reasonable care taken

Exceptions That Create Winnable Cases

The good news? Several exceptions can overcome the prior notice requirement:

• City-Created Conditions: When NYC’s own work creates or worsens a dangerous condition, prior notice isn’t required
• Special Use Permits: The city may assume liability when issuing permits for work that creates hazards
• Recurring Repair Patterns: Repeated repairs suggest the city knew about ongoing problems

Case Example: We secured $2.4 million for James A., a 31-year-old maintenance worker who struck an improperly maintained NYC traffic control pressure sensor embedded in the roadway while riding his bicycle. He suffered fractures of his left arm requiring surgery. The City denied responsibility for the maintenance of the roadway and argued that the area was not dangerous, until the case proceeded to trial when they settled.

Your Step-by-Step Action Plan

Time is your enemy in these cases. Here’s exactly what to do, in order of priority:

1 Document Everything Immediately

Return to the accident scene as soon as you’re able with a smartphone and measuring tape. Photograph the defect from multiple angles, showing its size, depth, and relationship to surrounding pavement. Include objects for scale and photograph your measuring device in the shot. Document weather conditions, lighting, and any warning signs (or lack thereof).

2 Find Witnesses Fast

Within 48 hours, locate anyone who saw your accident or knows about the dangerous condition. Business owners, delivery drivers, and regular commuters often have invaluable information about how long a defect has existed. Get full contact information and written statements.

3 File Your Notice of Claim

This is where most cases die. Under New York’s General Municipal Law § 50-e, you must serve a formal Notice of Claim within a very short statutory timeframe. The NYC Comptroller’s Office allows you to file a formal Notice of Claim online. Courts have dismissed cases filed even one day after the deadline—there are essentially no exceptions.

The notice must include specific details about your accident location, injuries, and the defective condition. You can file online through NYC’s eClaim system, in person, or by certified mail. I recommend certified mail with a return receipt requested.

4 Launch Your Investigation

Submit Freedom of Information Law (FOIL) requests to the Department of Transportation for all work orders, complaint logs, and inspection records for your accident location. Request five years of records and include surrounding blocks. Also request records from utility companies with street work permits in the area.

Why records matter: In our $4.4M roadway ponding verdict, storm sewer maintenance records were central to proving the city’s negligence. Without that documentation, the case would have failed.

Advanced Strategies for Complex Cases

The “Created Condition” Strategy

When prior written notice can’t be established, we focus on proving NYC created or worsened the dangerous condition through its own actions. This completely bypasses the notice requirement. Look for evidence of recent street work, inadequate temporary repairs, or utility work that wasn’t properly restored.

Multi-Agency Liability

NYC’s bureaucracy can work in your favor. Con Edison, National Grid, and other utilities frequently disturb roadway surfaces under city permits. According to NYC Open Data, thousands of street opening permits are issued annually, and many result in improperly restored pavement and other dangerous conditions that can form the basis of a premises liability claim.

Pro Tip: Utility companies often carry larger insurance policies than individual property owners, making them valuable co-defendants. Their involvement can significantly increase your potential recovery.

When to Sue Someone Other Than the City

Sometimes the most obvious defendant isn’t the best one. Under NYC Administrative Code § 7-210, adjacent property owners—not the city—are responsible for sidewalk maintenance. If your accident occurred on a sidewalk, the building owner may be your primary target.

These cases are much easier to win because they don’t require prior written notice. “Constructive notice”—meaning the condition was obvious enough that a reasonable property owner should have known about it—is sufficient.

Defendant Type Type	Filing Deadlineeadline	Notice Requirement/Basis for Liabilityequirement	Recovery Additional Factors to Considerntial
NYC Municipal	Short statutory deadline	Prior written notice OR city-created condition	Varies by case
Private Property	Standard statute of limitations	Constructive notice sufficient	Often easier to prove
Utility Company	3 years	Work permit + inadequate restoration	Higher insurance coverage

Common Questions and Straight Answers

What if I only have photos from several days after my accident?

Delayed photos can still support your case. Include objects for scale and take measurements. We often locate earlier photographic evidence from other sources during investigation.

Can I sue if the city fixed the pothole after my accident?

Absolutely. Subsequent repairs don’t eliminate liability for past negligence. In fact, quick repairs often support your claim by showing the city recognized a dangerous condition existed.

What exactly counts as “prior written notice”?

Formal complaints filed with the Department of Transportation or written reports from city inspectors about the specific defect. 311 calls alone don’t count unless they generate a formal DOT work order.

Do I really need a lawyer for this?

Yes. While you have the right to represent yourself, municipal liability claims involve complex procedures and immunity defenses that make self-representation extremely difficult. The city’s legal framework is specifically designed to defeat unrepresented claimants.

What happens if I miss the Notice of Claim deadline?

Your case is over. New York courts have extremely limited authority to grant late filing permission. Focusing on medical treatment or waiting for insurance settlements aren’t acceptable excuses. Time is critical—consult an attorney immediately after any accident.

The Mistakes That Kill Valid Cases

I’ve seen the same costly errors destroy otherwise winnable claims:

Missing the deadline is the biggest case-killer. People wait for their injuries to stabilize before consulting an attorney, not realizing the statutory clock started ticking the moment they were hurt.

Inadequate medical documentation creates doubt about causation. Emergency room records that simply state “patient reports falling” don’t establish that your injuries resulted from the roadway defect. Insist that medical providers document the specific mechanism of injury.

Assuming obvious hazards equal city knowledge is a fatal mistake. NYC’s legal framework requires proving specific written notice, not general awareness.

Accepting quick settlements often means leaving money on the table. Initial offers rarely account for future medical expenses or long-term disability.

Ready to Fight Back?

Don’t let NYC’s complex legal requirements prevent you from getting fair compensation. Our experienced defective roadway attorneys offer free case evaluations and have recovered over $750+ million for clients facing municipal liability challenges.

References & Resources

1. NYC Comptroller’s Office. (2025). File a Claim. https://comptroller.nyc.gov/services/for-the-public/claims/file-a-claim/
2. NYC Comptroller’s Office. (2025). eClaim Filing System. https://comptroller.nyc.gov/services/for-the-public/claims/e-filing/
3. NYC Open Data. (2025). Potholes. https://data.cityofnewyork.us/Social-Services/Potholes/fed5-ydvq
4. NYC Administrative Code § 7-201 (Prior Written Notice). https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-4130
5. NYC Administrative Code § 7-210 (Sidewalk Liability). https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-4164
6. NYC Department of Transportation. (2025). Customer Service. https://www.nyc.gov/html/dot/html/contact/customer-service.shtml
7. NYC Open Data Portal. (2025). Street Opening Permits. https://data.cityofnewyork.us/
8. New York State Unified Court System. (2025). Court Procedures. https://www.nycourts.gov/