New York Law (NYLE) Practice Exam

Under what condition can a municipal representative extend the time to file a late Notice of Claim?

1. Only if allowed by the mayor's office.

2. If it does not exceed the statute of limitations.

3. With no specific conditions attached.

4. Only if the claimant shows tangible evidence of prejudice.

The correct answer is: If it does not exceed the statute of limitations.

In New York, a municipality is typically required to be notified of a claim against it within 90 days of the incident through a Notice of Claim. However, under certain circumstances, a municipal representative can extend the time to file this Notice of Claim, provided the extension does not exceed the statute of limitations applicable to the underlying claim. The statute of limitations sets the maximum time frame in which a claimant can bring a lawsuit. For many tort claims against municipalities in New York, this typically ranges from one to three years depending on the type of claim (for example, personal injury claims usually have a three-year limit). Therefore, as long as the filing of the late Notice of Claim is within this period, it's permissible for a municipal representative to grant an extension. This means that if a claimant requests to file a late Notice of Claim, as long as it fits within the boundaries dictated by the statute of limitations, the municipal representative has the authority to approve the extension. This approach balances the interests of the municipality in being notified of claims promptly while also allowing claimants an opportunity to pursue valid claims that might otherwise be time-barred due to the initial filing requirements.