New York Consolidated Laws

N.Y. County Law § 52 (2026)

Presentation of claims for torts; commencement of actions

✓ current as of May 2026

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§ 52. Presentation of claims for torts; commencement of actions.  1.
Any claim or notice of claim against a county for damage, injury or
death, or for invasion of personal or property rights, of every name and
nature, and whether casual or continuing trespass or nuisance and any
other claim for damages arising at law or in equity, alleged to have
been caused or sustained in whole or in part by or because of any
misfeasance, omission of duty, negligence or wrongful act on the part of
the county, its officers, agents, servants or employees, must be made
and served in compliance with section fifty-e of the general municipal
law. Every action upon such claim shall be commenced pursuant to the
provisions of section fifty-i of the general municipal law.  The place
of trial shall be in the county against which the action is brought.
  2. This section shall not apply to claims for compensation for
property taken for a public purpose, nor to claims under the workmen's
compensation law.

Notes of Decisions

Cited in 140 cases (24 in the last 5 years), 1972–2026 · leading case: Picciano v. Nassau Cnty. Civil Serv. Comm'n, 13 Am. Disabilities Cas. (BNA) 1528 (N.Y. App. Div. 2001).

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Picciano v. Nassau Cnty. Civil Serv. Comm'n, 13 Am. Disabilities Cas. (BNA) 1528 (N.Y. App. Div. 2001). · cites it 14× “The defendants opposed the plaintiffs motion on the ground that County Law § 52 and Nassau County Administrative Code § 11-4.”

Lewis v. Livingston Cnty. Ctr. for Nursing & Rehab., 30 F. Supp. 3d 196 (W.D.N.Y. 2014). · cites it 12× “Livingston County is not precluded from asserting this defense in its answer and the Court *207 may revisit the issue on a motion for summary judgment. IV. Plaintiffs Failure to Serve a Notice of Claim Defendant argues that Plaintiffs NYSHRL claims must be dismissed because she…”

Keating v. Gaffney, 182 F. Supp. 2d 278 (E.D.N.Y 2001). · cites it 9× “Clearly defendant Suffolk County is a beneficiary of the notice of claim requirement under N.Y. County Law § 52 (1). Further, defendants Gaffney, Bartha, the DPW, and Schneck are all County officials, employees, or entities and, therefore, claims against them are subject to the…”

Paschall v. Mayone, 454 F. Supp. 1289 (S.D.N.Y. 1978). · cites it 8× “County With respect to the County, for example, New York law provides that any action seeking to recover damages against a county for injuries allegedly caused by the “misfeasance, omission of duty, negligence or wrongful act .”

Sager v. Cnty. of Sullivan, 145 A.D.3d 1175 (N.Y. App. Div. 2016). · cites it 5× “Supreme Court *1176 denied plaintiff’s motion, granted defendant’s motion and dismissed the complaint based upon plaintiff’s failure to file a notice of claim.”

Grasso v. Schenectady Cnty. Pub. Library, 30 A.D.3d 814 (N.Y. App. Div. 2006). · cites it 5× “Defendants moved to dismiss the complaint on the ground that the library operates under the County of Schenectady and, thus, plaintiff failed to join the County, a necessary party, or to serve a notice of claim on the County or the library as required by County Law § 52.”

Russell v. Cnty. of Nassau, 696 F. Supp. 2d 213 (E.D.N.Y 2010). · cites it 4× “§§ 50—i and 50-e and N.Y. County Law § 52 . New York General Municipal Law 50-e requires that a plaintiff must file a notice of claim prior to commencement of a tort action against a municipality, and must serve the notice of claim within ninety (90) days after the claim arises.”

Bielski v. Green, 674 F. Supp. 2d 414 (W.D.N.Y. 2009). · cites it 6× “Notice of Claim Requirement under HRL Defendants move to dismiss plaintiffs HRL claim on the ground that plain *427 tiff has failed to comply with the notice of claim requirement of N.Y. County Law § 52 . Although my decision on the merits of plaintiff’s claims renders it…”

Felice v. Eastport/South Manor Cent. Sch. Dist., 50 A.D.3d 138 (N.Y. App. Div. 2008). “23; CPLR 9801; County Law § 52 (1); Court of Claims Act § 10; Education Law § 6280 (a); Mental Hygiene Law § 41.”

Freudenthal v. Cnty. of Nassau, 784 N.E.2d 1165 (NY 2003). · cites it 4× “No hearing or other action was taken, however, until July 1999 when the Division notified petitioner of its intent to dismiss her complaint based on her failure to file a notice of claim with the County within 90 days after her termination in accordance with County Law § 52 (1).…”

SW BY JW v. Warren, 528 F. Supp. 2d 282 (S.D.N.Y. 2007). · cites it 3× “Notice of State Claims Defendants state that plaintiffs failed to comply with N.Y. County Law § 52 (i), requiring a notice of claim be served in accordance with N.”

Anderson v. Nassau Cnty. Dep't of Corr., 558 F. Supp. 2d 283 (E.D.N.Y 2008). · cites it 3× “However, N.Y. County Law § 52 (1) has broader application than General Municipal Law § 50-e and requires a notice of claim for claims “against a county for damage, injury or death, or for invasion of personal or property rights, of every name and nature .”

Show all 140 citing cases →

— N.Y. County Law § 52(1) — 8 cases

Keating v. Gaffney, 182 F. Supp. 2d 278 (E.D.N.Y 2001). “Clearly defendant Suffolk County is a beneficiary of the notice of claim requirement under N.Y. County Law § 52 (1). Further, defendants Gaffney, Bartha, the DPW, and Schneck are all County officials, employees, or entities and, therefore, claims against them are subject to the…”

Russell v. Cnty. of Nassau, 696 F. Supp. 2d 213 (E.D.N.Y 2010). “§§ 50—i and 50-e and N.Y. County Law § 52 . New York General Municipal Law 50-e requires that a plaintiff must file a notice of claim prior to commencement of a tort action against a municipality, and must serve the notice of claim within ninety (90) days after the claim arises.”

Dillon v. Suffolk Cnty. Dep't of Health Servs., 917 F. Supp. 2d 196 (E.D.N.Y 2013).

Orange Env't, Inc. v. Cnty. of Orange, 860 F. Supp. 1003 (S.D.N.Y. 1994).

Bielski v. Green, 674 F. Supp. 2d 414 (W.D.N.Y. 2009). “Notice of Claim Requirement under HRL Defendants move to dismiss plaintiffs HRL claim on the ground that plain *427 tiff has failed to comply with the notice of claim requirement of N.Y. County Law § 52 . Although my decision on the merits of plaintiff’s claims renders it…”

— N.Y. County Law § 52(2) — 1 case

Paschall v. Mayone, 454 F. Supp. 1289 (S.D.N.Y. 1978). “County With respect to the County, for example, New York law provides that any action seeking to recover damages against a county for injuries allegedly caused by the “misfeasance, omission of duty, negligence or wrongful act .”

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