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§ 9801.Actions against the village.

Article 98. Actions Against Villages · Last amended 1973 · Last verified July 21, 2026

In one sentenceCPLR 9801 requires anyone suing a village for a personal injury or property injury caused by negligence or a wrongful act to first serve a notice of claim under General Municipal Law section 50-e and to commence the lawsuit under General Municipal Law section 50-i.

Full Text of CPLR 9801

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1. No action shall be maintained against the village for a personal injury or injury to property alleged to have been sustained by reason of the negligence or wrongful act of the village or of any officer, agent or employee thereof, unless a notice of claim shall have been made and served in compliance with section fifty-e of the general municipal law. 2. Every such action shall be commenced pursuant to the provisions of section fifty-i of the general municipal law.

Plain-English Summary

CPLR 9801 covers tort claims against a village: personal injury or injury to property that a plaintiff blames on the negligence or wrongful act of the village itself, or of one of its officers, agents, or employees. Before that kind of claim can go forward, the plaintiff has to satisfy two cross-referenced requirements. First, a notice of claim has to be made and served in compliance with General Municipal Law section 50-e. Second, the lawsuit itself has to be commenced under the procedure set out in General Municipal Law section 50-i.

Notice this section does not spell out the notice-of-claim deadline, the required contents of the notice, or how it must be served; it points a plaintiff to the General Municipal Law for those mechanics rather than restating them. That structure reflects a broader pattern in New York municipal-liability law: a village, like a city, county, or town, gets advance word that a claim is coming, so it can investigate the incident, gather evidence, and evaluate settlement before a lawsuit locks in a version of events.

CPLR 9801 sits alongside three companion sections in Article 98. It handles ordinary negligence and wrongful-act claims; CPLR 9802 covers contract claims and other claims against a village with their own filing deadlines; and CPLR 9804 adds a separate, additional notice requirement for claims arising from defective streets, sidewalks, and similar conditions. A plaintiff suing over a fall on a village sidewalk, for instance, may need to satisfy both 9801's notice-of-claim requirement and 9804's notice-of-defect requirement.

Frequently Asked Questions

Does CPLR 9801 state how long I have to file a notice of claim against a village?

No. CPLR 9801 requires that a notice of claim be made and served in compliance with General Municipal Law section 50-e, but the deadline and other mechanics of that notice live in section 50-e itself, not in the CPLR.

What kinds of claims against a village does CPLR 9801 cover?

It covers personal injury or injury to property that the plaintiff attributes to the negligence or wrongful act of the village, or of an officer, agent, or employee of the village.

Where do I find the procedure for commencing a lawsuit against a village under this section?

CPLR 9801 directs that every such action be commenced under General Municipal Law section 50-i, which governs the commencement procedure for these claims.

Does CPLR 9801 apply to a contract dispute with a village?

No. Contract claims and other claims against a village have their own filing and limitations requirements under CPLR 9802, separate from the notice-of-claim rule in 9801.

If I serve a notice of claim under CPLR 9801, do I still need to worry about a notice of defect?

Yes, if the claim involves a defective street, sidewalk, or similar condition. CPLR 9804 imposes its own, separate notice requirement for those claims, on top of the notice of claim required by 9801.

Who can trigger CPLR 9801's notice-of-claim requirement besides the village itself?

The section reaches claims based on the negligence or wrongful act of the village or of any officer, agent, or employee of the village, not just conduct directly attributable to the village government as a body.

Amendment History

Add, L 1972, ch 890, § 3, eff Sept 1, 1973, with substance transferred from Vill Law § 341.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
Also known as: notice of claim against a village New Yorksuing a village for negligence New Yorkvillage tort claim procedure New YorkGeneral Municipal Law 50-e village lawsuithow to sue a New York village for an injury