Skip to Content
Firm News

Yankwitt LLP Scores Rarely Granted Extension to File Notice of Claim

Armed with compelling facts and persuasive legal arguments, Yankwitt LLP successfully obtained permission to serve a late Notice of Claim on behalf of its out-of-state hospitality client.  This legal victory arose from an incident where the client’s hotel flooded due to a burst pipe in an adjacent parking lot owned by the City of New Rochelle.

New York law requires those injured by the alleged negligence of a municipality to file a formal Notice of Claim within a short window following the incident.  Failure to adhere to this requirement results in the prohibition of future litigation.  Although the court possesses the authority to grant leave to file a late notice of claim, that extraordinary relief is rarely granted.  Yankwitt LLP, however, was undaunted and convinced the court to grant its petition to serve a late Notice of Claim on the city.  This successful brief writing enabled the hotel to commence a lawsuit after the city was unwilling to settle the case out of court.