New York Law (NYLE) Practice Exam

In New York, before an individual can bring suit against a municipality for personal injury, such as slipping at a gathering, they are typically required to serve a notice of claim within 90 days of the incident. This requirement serves the purpose of giving the municipality notice of the claim while preserving evidence and allowing the municipality an opportunity to investigate the circumstances.

Given that the incident occurred in January 2020, Jane would need to serve the notice of claim by the end of April 2020 to comply with the standard 90-day requirement. In cases where a plaintiff fails to meet this time frame, the court may have the discretion to grant an extension, but it cannot exceed the one-year-and-90-day statute of limitations for personal injury claims against municipalities.

In this scenario, if Jane is allowed an extension, it would need to occur before the end date of the one-year-and-90-day period, which runs until mid-April 2021. Therefore, it must be stated that an extension allowing her to serve the notice of claim could happen, but not beyond that time limit.

Thus, the correct answer accurately reflects that if the court extends the time for Jane to serve the municipality, it must still be completed by April 2020,