Default rule and exceptions
The City is only liable if DOT had prior written notice of the specific defect (or a prior written complaint it failed to repair) at least 15 days before the incident, per the prior-written-notice law; claimants must also file a Notice of Claim under NY General Municipal Law §50-e within 90 days of the incident.
| Party | What they are responsible for |
|---|---|
| City of New York (DOT) | Maintain streets and repair defects it has prior written notice of |
| You (claimant) | File a timely Notice of Claim with the Comptroller within 90 days and prove prior written notice |
| Exceptions | No prior written notice to DOT means no liability regardless of how dangerous the pothole was; Missing the 90-day Notice of Claim deadline permanently bars the claim |
What the source says
Last verified against the primary source on Sep 25, 2026.
Pursuant to the New York State General Municipal Law § 50-e, personal injury and property damage (tort) notices of claim must be properly served within 90 days from the date of occurrence.
No civil action shall be maintained against the city for damage to property or injury to person or death sustained in consequence of any street…[or] sidewalk…being out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice
there was a failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger or obstruction complained of, or the place otherwise made reasonably safe.
City rules rest on state law. Read New York's sidewalk statute, quoted verbatim, or see all 50 states in one table.
Common questions
Who pays for municipal liability: pothole damaged my car in New York City, NY?
It depends on the specific facts. Maintain streets and repair defects it has prior written notice of
Are there exceptions in New York City, NY?
No prior written notice to DOT means no liability regardless of how dangerous the pothole was; Missing the 90-day Notice of Claim deadline permanently bars the claim
What is this based on for New York City, NY?
This verdict is sourced to File a Claim and 3 sources in total, each independently re-checked before publication.
Sources
- File a Claimofficial-guide · verified-primary · accessed 2026-09-13
- File a Claimofficial-guide · verified-primary · accessed 2026-09-13
- NYC Administrative Code § 7-201(c)(2): Actions against the cityordinance · verified-primary · accessed 2026-09-27
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