Legal Question in Civil Litigation in New York
If I sue a new york city employee in both their individual capacity am i still required to file a notice of claim as opposed to just filing suit directly against them as an individual?
Asked on 10/29/12, 8:01 am
1 Answer from Attorneys
Locksley Wade
Law Office of Locksley O. Wade
NYC employees are immune from suit in any capacity if they are named as a defendant in any suit other than a suit brought under 42 U.S.C. ss 1983. If you have a suit under a tort claim where you are alleging damage to property or person then you must file a Notice of Claim with the Comptroller's Office within 90 days of the alleged tort.
Answered on 10/29/12, 8:07 am
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