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Publication Date

Summer 2003

Abstract

This article addresses a little known provision in the Adminis- trative Code called section 7-201(a) that requires service of a notice of claim prior to commencement of a contract action against the City of New York. Practitioners who have failed to take note of the provision have had their cases dismissed, some in which more than half a million dollars were in dispute. This article also offers some suggestions for practitioners faced with a motion to dismiss or a motion for summary judgment for failure to follow the provision’s mandate.

Acknowledgements

David A. Drossman, a former Assistant Corporation Counsel for the City of New York consulted on the article.

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