Notice of claim for negligence or wrongful act against a municipality must be served within how many days after the claim arises?

• A. 60 days
• B. 90 days
• C. 120 days
• D. 180 days

Answer: (B)

In New York, the notice of claim given to a municipality for a negligent or wrongful act is governed by a strict 90-day deadline. General Municipal Law § 50-e requires that the notice be served within 90 days after the claim arises. This pre-suit notice is a prerequisite to bringing a lawsuit against the municipality, and failure to timely serve it generally bars the claim.

The 90-day period exists so the municipality can promptly investigate, settle if appropriate, or mount a defense. Serving the notice within this window does not itself start the lawsuit; it simply preserves the right to sue. After timely notice, the usual statute of limitations for the underlying tort still applies for filing the action, but the notice requirement itself must be met within 90 days.