Featuring Attorney Mark Shirian
When most people think about personal injury claims, they imagine suing another driver, a business, or a property owner. But what happens when the city itself is responsible for your injury? New York litigation attorney Mark Shirian, founder of Mark David Shirian, P.C., breaks down how victims can hold municipalities accountable and what makes these cases so different from standard injury claims.
Why Lawsuits Against New York City Are Different
According to Mark Shirian, suing a city or public agency is not like filing a claim against a private individual or business. The first and most critical step is to file a Notice of Claim within 90 days of the incident. This notice must be submitted to the city comptroller’s office or the specific agency involved in the case.
Failing to meet this 90-day deadline can permanently bar the victim from bringing a lawsuit. Shirian emphasizes the importance of hiring an attorney immediately so they can file the notice on time and evaluate the claim properly.
What a Notice of Claim Includes
A Notice of Claim is the city’s required notification of your intent to sue. It must include:
Your name and contact information
The date, time, and exact location of the incident
A description of what happened
The injuries sustained and the amount of damages sought
Shirian explains that the purpose of this notice is to give the city the opportunity to investigate the claim early. “It’s not about proving the case yet,” he says, “but about putting the city on formal notice that a potential lawsuit is coming.”
Who Is Responsible for Sidewalks and Streets in New York City
Responsibility for maintaining sidewalks and streets in New York isn’t always straightforward. Shirian notes that nearly two decades ago, the law shifted—sidewalk maintenance is now primarily the responsibility of the property owner or leaseholder directly adjacent to the sidewalk.
However, when the issue involves structural defects—such as faulty design, missing signage, or dangerous intersections—the responsibility can shift back to the City of New York, often under the Department of Transportation.
In some cases, responsibility is shared between the city and private property owners, depending on where the hazard occurred and the nature of the defect.
Common Types of Public Property Injury Cases
In New York City, Shirian’s firm frequently handles cases involving:
Potholes and road defects
Uneven sidewalk flags
Snow and black ice that were not properly cleared or maintained
“Black ice is a big problem here,” he says. “You can’t see it until you’re already on the ground.”
How the City Defends Itself
When facing these lawsuits, the city’s most common defense is lack of prior written notice. To hold the city liable, an attorney must prove that:
The city had prior written notice of the defect, or
The city or its agents directly created the dangerous condition.
To establish this, Shirian’s team often files Freedom of Information Law (FOIL) requests to uncover past complaints or reports about the same area. “Sometimes we get lucky,” he explains. “We’re able to find documented complaints that prove the city knew about the problem and didn’t act.”
Strict Deadlines and Procedures
Unlike typical negligence cases, where the statute of limitations is three years, claims against New York City must be filed within one year and 90 days.
After submitting a Notice of Claim, the claimant must also appear for a 50-H hearing—an official deposition where the city can question the injured person about the incident before a lawsuit is even filed.
“These procedural steps are unique to municipal cases,” Shirian notes. “Missing any one of them can destroy your case.”
The Role of Video, Photos, and 311 Reports
Surveillance cameras and 311 complaints can make a big difference in proving public property claims. Shirian stresses the value of photographic evidence taken immediately after the incident. “Even Google Maps can help,” he explains. “We’ve used street-view images to show that a dangerous condition existed for more than a year before our client’s injury.”
Because the city is required to retain many of these public records, attorneys can use FOIL requests to gather evidence that supports a negligence claim.
What to Do After Being Injured on City Property
The first step, Shirian says, is not to wait. Victims should:
Hire an attorney immediately
Take clear photographs of the defect or hazard
Collect witness statements, if possible
Seek medical attention and document the injuries
While courts may allow a late Notice of Claim in rare cases, this is not guaranteed. “You can file an application to submit a late notice within one year and 90 days,” he explains, “but judges have full discretion to deny it. You’re taking a big risk by waiting.”
Holding the City Accountable
Suing New York City may seem daunting, but it’s often the only path to justice for those injured due to the city’s negligence. Shirian reminds victims that they have the right to pursue compensation, even when the responsible party is a public agency.
For anyone hurt on city property—whether from a pothole, defective sidewalk, or unsafe intersection—the key is acting fast and hiring a lawyer who understands the system.
Learn More About Mark Shirian
Mark Shirian is a New York City trial attorney and founder of Mark David Shirian, P.C., representing clients in personal injury, employment, and civil litigation cases. His firm has secured multiple seven-figure results for clients throughout New York.
To learn more, visit shirianpc.com.