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:

1. The city had prior written notice of the defect, or

2. 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:

1. Hire an attorney immediately

2. Take clear photographs of the defect or hazard

3. Collect witness statements, if possible

4. 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.

Key Timestamps:

00:00 – Introduction to suing New York City for injuries

01:10 – What makes lawsuits against the city different

02:30 – What a “notice of claim” is and what it must include

04:00 – Who’s responsible for sidewalks and public spaces

05:10 – When the city is liable for structural defects or poor planning

06:20 – Common types of city-related injury cases

08:00 – How the city defends itself in injury claims

09:30 – How attorneys prove the city’s prior notice or fault

10:30 – Deadlines, hearings, and filing procedures for municipal claims

12:00 – How surveillance footage and 311 reports support your case

13:00 – Key steps to take immediately after an injury on public property

Transcript:

Welcome back to the Millennial Lawyer Podcast with Mark Shirian. Mark is a New York litigation attorney and founder of Mark David Shirian PC, known for securing seven figure results in personal injury, employment, and complex civil cases. I’m Kevin Rosenquist and today we’re talking about what happens when the city itself is to blame for your injury and how to navigate the maze of suing public agencies like NYC. Hello, Mark. Welcome back. 

I’m happy to be back. Absolutely. Yeah. 

Yeah. It’s been a minute since we chatted, but I’m excited to get back into it and hear what’s going on out there in New York. So, start here. What makes lawsuits against New York City different from standard personal injury cases? 

Well, first things first, when you’re dealing with a case against the city or any sort of municipality, the most important thing is to file a notice of claim with the controller’s office or the specific agency that’s involved within the city. That is the most important thing because you are jeopardizing being foreclosed from ever bringing a claim if you don’t file a notice of claim within 90 days. So again, you don’t want to wait more than 90 days to hire an attorney. You also want to give your attorney enough time to evaluate the claim. So, first things first, hire an attorney immediately so that attorney could file a notice of claim for you when you’re dealing with the city. That’s the most important thing. Um, and that, you know, when you’re dealing with a private entity, you don’t have to worry about filing a prerequisite before you actually are able to file a lawsuit. So, that’s the big difference between a regular defendant and a municipal defendant. 

What exactly is a notice of claim? 

That’s a good question. So, you, per the law, you have to put the municipality on notice of the claim. 

So, what would go into a notice of claim? 

Obviously, your name, the date of the incident, the location, the precise location of the incident, and just the general allegations of what you’re suing for. And you also need to put in your injuries and the specific money damages that you’re requesting with respect to your injury. So just the who, what, when, where of your claim. So you know, the whole meaning behind it is you’re giving the city actual notice of the claim so they can go ahead and do their own investigation of that claim. So, that’s what’s in there. It’s very general. You’re not putting in case law or anything like that. It’s really just facts. Where did it happen? When did it happen? What happened? And who did it happen to? So, okay, that’s really what goes in there. 

Yeah, I lived in Chicago for a long time, so I have big city experience. And I know remember there’s always issues like okay who’s responsible for certain things, the sidewalk in front of your house or business or you know tree wells, things like that. Who is responsible for maintaining the sidewalks, the subway stairs, the tree wells, all of that stuff in New York City? Is it the city or the building owner or a combination of both? 

That’s a great question. It depends. Uh the New York law actually changed I think almost 20 years ago before I started practicing law. I believe previously a defect with respect to the sidewalk was in fact the responsibility of the city. That law changed. Now it is the responsibility of the leaseholder or the property owner that owns the property directly abusing that sidewalk. They’re responsible for shoveling snow or if they’re on notice of any sort of defect maintaining that area of the sidewalk. When you’re talking about a defect within the road. So, we’re talking about potholes or other issues with respect to the actual road, whether it’s within the crosswalk or whatever within the actual street, that usually is the responsibility of the Department of Transportation. Um, so it’s not necessarily a private owner. It all depends, but there are caveats with respect to the sidewalk and issues with respect to the roads. So, it all depends. It can be a combination of the both like you said. 

So, if it’s structural with the sidewalk, I mean, I understand clearing snow and ice and things like that, but if it’s a structural issue with the sidewalk, that becomes the city’s issue then, I would imagine, right? 

Absolutely. Yes. And we do have cases like that where a pedestrian was struck and unfortunately killed by a vehicle in a crosswalk. But there’s a history of fatalities and accidents at that particular intersection. And it was our position that that particular intersection was dangerous and was, you know, the city knew about it and there weren’t enough traffic safety devices in that within that particular intersection. So that does become an issue of planning and maintaining that particular intersection and that’s the allegation that we made against the city in that case. So yes, when it comes to planning or a structural defect, that’s completely different. So yeah, that’s a good question. 

What type of public property cases do you see most often? 

Potholes are a big thing in New York. I’m sure that was also a big thing in Chicago. 

Oh, yeah. 

So I see that a lot. Um, also with sidewalk flags, you know, in New York, we walk a lot. We’re on the sidewalk a lot. Uneven sidewalk flags are definitely something I see a lot. Um, we also see, you know, snow, you know, black ice is a big thing here. Yeah. So, ice that’s hidden or ice that’s not properly maintained and not um taken care of after a snowfall. Those are like a lot of the ones that I see. 

Yeah. I know a lot of people who hit the ground because of black ice walking around in Chicago because,I mean, for people who haven’t lived in areas like that, you cannot see it. You really can’t tell it’s there until you’re slipping and sliding. It’s kind of crazy. 

I’m sure. I’m sure. 

Um, obviously, it’s a municipality. They don’t want to pay if they don’t have to. What are some of the most common excuses that the city will use to deny liability in these cases? 

Okay. So, when you’re dealing with the city, you have to show prior written notice of the defect. You either need to show prior written notice or you need to show that somehow the city created this dangerous condition. So, it’s not that easy when you’re dealing with the city. Now the question is how are you able to prove prior written notice? What we usually do is we, when we get a case against the city, we like to file a what’s called a foil request, a Freedom of Information Law request of that particular area and, you know, certain time frames usually a year or two before the incident. So that way we’ll be able to demonstrate if the city did in fact obtain complaints about this particular defect at that particular area. And we’ve gotten very lucky with being able to prove that the city either had prior written notice of the defect or in fact that the city, or an agent of the city, created that defective condition. So, that’s what you have to be able to prove when you’re dealing with a case against the city and you’re trying to sue them for negligence or defective roadway or sidewalk or anything like that. 

Do you get a lot of these cases against the city a lot, you know, often? 

Yeah, we do. Yeah. 

Are they different in a way as far as how you approach them? I know that we talked about the notice of, uh, the notice of claim and all that, but as far as, you know, how you handle it, are they different? 

I think with the procedural hurdles that we need to deal with when you’re dealing with a municipality we are more aware of the time constraints because you have to file, not only do you have to file a notice of claim within 90 days after you file, that notice of claim before you could even file a lawsuit you have to sit for what we call a 50 ,which I believe we’ve mentioned in other episodes. 50 is the municipality’s opportunity to ask you questions about your claim and you have to sit for that before you could ever even bring the lawsuit. So, that needs to be scheduled by the city or it would it could technically it could be deemed waved if they don’t schedule it on time. But you have to sit for that before you could file the lawsuit. And then typically when you’re dealing with the city, you have to file the lawsuit within a year and 90 days. You don’t have three years, which is the statute of limitations of a general negligence claim in New York. So, when it comes to the time constraints and the procedural hurdles that you have to deal with, yes, we were dealing with that differently as opposed to another case where we know we have three years to file the lawsuit. Um, and you know, typically when we’re dealing with a non-municipal defendant, we want our clients to treat as much as they possibly can before we actually file the lawsuit so we have a clean record. You don’t necessarily have that luxury when you’re dealing with a municipality. Those are usually the differences. But as far as litigation and how hard we fight, that’s the same whether it’s municipality or not. 

Okay. Obviously, a lot more cameras out in the world these days than there used to be. Does surveillance footage or or even 311 reports play a large role in proving these types of claims? 

Totally. If there is going to be a complaint against the city for a particular defect, it should be kept and hopefully once you foil those records, it’s there. Um, so that that’s the other thing. That’s a good question. When you’re dealing with the city and this information needs to be stored and kept and that you are entitled to this by law. The public is entitled to this information by law. It does make it easier to gather that information if it actually does exist. So, in that sense, that could be a plus when you’re dealing with the city. 

So, sort of to recap, we talked about several different aspects. So, if somebody falls or somehow gets injured on city property, obviously there’s a timeline here. What kind of, what’s your best advice for the first steps someone should do immediately after they’ve been hurt? 

Don’t wait around to find an attorney. Hire an attorney immediately. Also, I didn’t mention this, but with the notice of claim, they do request photographs. So, you do want to take a photograph of that defect. Um, just the other day I got a case and there was a defect on the roadway. We were able and the client did provide me with photographs of the defect, but based on the address, I was able to go on Google Maps and find out that this defect was there over a year ago. So, taking photographs is important. Hire an attorney. make sure that attorney is filing a notice of claim within the 90 days because if you don’t do that, you can very well foreclose your opportunity to bring a claim. Um, I will say that does come with a caveat. You are able to file what we call an application to file a late notice of claim. That needs to be done within a year and 90 days. But I’ll tell you right now, there’s no guarantee that a court would actually grant that application. You have to show a multitude of things. One of which is that the city is not prejudiced by this late application. I don’t know. I’ve seen it go one way. I’ve seen it go the other way. So, it is important to fire an attorney immediately to make sure that a notice of claim is being filed and gather as much evidence as you possibly can to provide your attorney so they could provide that in the notice of claim. So, that is the most important first step in my opinion. 

Yeah. Well, good stuff. As always, if you’ve been injured on public property in New York, don’t assume the city is off the hook. Visit shirianpc.com to learn how Mark can help you protect your rights. Also, be sure to leave us a review. Subscribe to the Millennial Lawyer Podcast so you don’t miss any episodes going forward. Mark, always great chatting with you. Thanks so much for your time. 

Pleasure. Thank you. 

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