MTA Notice of Claim: Subway, Bus, LIRR, and Metro-North Deadlines Are Not the Same

The MTA Is Not One Defendant

People often say they were hurt "on the MTA," but for legal purposes the MTA family includes several distinct corporations:

• New York City Transit Authority (NYCTA), which operates the subway and many local buses;
• Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA), a NYCTA subsidiary that operates many Manhattan and Bronx bus routes;
• Staten Island Rapid Transit Operating Authority, which runs the Staten Island Railway;
• Long Island Rail Road and Metro-North Commuter Railroad, MTA subsidiaries;
• MTA Bus Company, which runs routes in Queens, Brooklyn, and the Bronx that were taken over from private operators;
• MTA Bridges and Tunnels.

Each has its own enabling statute. Suing or giving notice to the wrong one can cost you the claim. Station ownership can also be split: Penn Station and Grand Central involve multiple railroads and private tenants, and some subway entrances are inside private buildings.

Subway and NYC Transit Bus Claims

Public Authorities Law section 1212 makes General Municipal Law section 50-e applicable to the New York City Transit Authority and MaBSTOA. In practice that means:

1. Serve a written, sworn Notice of Claim within 90 days of the incident.
2. Expect a possible 50-h hearing, a sworn examination about the accident and your injuries.
3. Wait at least 30 days after serving the notice before suing, to allow adjustment.
4. Commence the lawsuit within one year and 90 days of the incident.

If you miss the 90 days, you can petition the court for leave to serve a late notice under section 50-e(5), but only before the one-year-and-90-day period runs out.

LIRR, Metro-North, and MTA Bus Claims

Claims against the MTA and its subsidiaries such as the LIRR, Metro-North, and MTA Bus are generally governed by Public Authorities Law section 1276. Instead of the 50-e notice of claim structure, section 1276 generally requires:

• That a demand or claim be presented to the authority at least 30 days before suit, and that the authority has neglected or refused to pay or adjust it; and
• That the lawsuit be commenced within one year after the cause of action accrued.

The one-year period is shorter than the NYC Transit deadline, which surprises many commuters. Courts have dismissed LIRR and Metro-North cases filed after a year even though they would have been timely against NYC Transit. Because the rules differ by entity and claim type, confirm the current statute and any wrongful death rules with counsel rather than assuming a 90-day-plus-one-year pattern applies.

Employee Injuries Are Different

Railroad workers at the LIRR and Metro-North are generally covered by the Federal Employers' Liability Act, which has a three-year limitations period and no state notice of claim requirement. NYC Transit employees are generally covered by New York workers' compensation instead. Contractors and vendors may have claims against both the agency and private companies.

What a Notice or Claim Should Include

Under General Municipal Law section 50-e(2), a Notice of Claim must be in writing, sworn by or on behalf of the claimant, and state:

• The name and post office address of the claimant and of the attorney, if any;
• The nature of the claim;
• The time when, the place where, and the manner in which the claim arose; and
• The items of damage or injuries claimed to have been sustained, so far as then practicable.

For a subway fall, the place should be precise: the station, the line, the entrance or street corner, which staircase, and the approximate step number or location on the platform. Vague locations such as "the 34th Street station" are a frequent basis for later motions. Photographs attached to or referenced in the notice help pin the location.

How to Serve

Section 50-e(3) allows personal delivery or certified or registered mail, and many public bodies now accept electronic filing. The MTA and NYC Transit publish their current claim service addresses and procedures; check the official MTA website before serving, because addresses and portals change. Keep proof of service, including the certified mail receipt or e-filing confirmation.

Evidence to Request Immediately

• Video: Station and bus camera footage may be overwritten in a short period. Send a written preservation request right away.
• Incident reports: Station agent, conductor, bus operator, and NYPD Transit Bureau reports.
• Maintenance records: Defect complaints and repair work orders for the stair, escalator, or platform edge.
• Witnesses: Names and phone numbers of anyone who saw the incident.

Freedom of Information Law requests can also be used to obtain some records, though litigation discovery is often more complete.

Quick Deadline Reference

• Subway, NYC Transit or MaBSTOA bus, Staten Island Railway: notice within 90 days; suit within 1 year and 90 days.
• LIRR, Metro-North, MTA Bus, MTA itself: pre-suit demand at least 30 days before suit; suit generally within 1 year.
• Railroad employee injuries under FELA: generally 3 years.

What to Do Next

Write down the exact location, the vehicle or train number if known, and the names of any employees involved, then identify which MTA entity operated it. Because the deadlines are short and differ by agency, a licensed New York attorney should review the claim well before 90 days have passed. This article is general legal information, not legal advice.