What is a 50-h hearing in New York?

A 50-h hearing is a sworn oral examination required under General Municipal Law § 50-h before you can sue a New York City municipality. The City's attorney questions you under oath about your accident and injuries. It is recorded by a court reporter and is mandatory — failure to appear can result in dismissal of your case.

Do I have to attend a 50-h hearing?

Yes. Attendance is mandatory under GML § 50-h(5). If you fail to appear without a valid excuse, the municipality can move to dismiss your Notice of Claim. Courts in New York have upheld such dismissals. Contact your attorney immediately if you cannot make the scheduled date.

How long do I have to file a Notice of Claim against NYC?

Under General Municipal Law § 50-e(1)(a), you must file a Notice of Claim within 90 days of the date of your accident or injury. Missing this deadline will almost certainly result in your case being dismissed. After filing, you have 1 year and 90 days from the accident date to file your lawsuit (GML § 50-i).

What questions will be asked at a 50-h hearing?

The City's attorney will ask about: your personal background, exactly how the accident happened, the precise location and conditions, your injuries and medical treatment, whether you had prior injuries or lawsuits, and your lost wages and financial losses. You should prepare honest, consistent answers to all of these topics with your attorney before the hearing.

Can my 50-h testimony be used against me at trial?

Yes. Under CPLR § 3117(a), your sworn testimony from the 50-h hearing can be used at trial to contradict or impeach you if your story changes. This is why consistency and accuracy are critical from day one. Always tell the truth and correct any mistakes promptly.

How does attorney Koenig Pierre prepare clients for their 50-h hearing?

Attorney Koenig Pierre meets with clients in-person at his Brooklyn office before the hearing. He conducts a mock examination using the same types of questions the City's attorney will ask, explains exactly what to expect, works on practical techniques like pausing before answering and not over-explaining, and provides an honest assessment of the strongest and weakest parts of your testimony.

What should I wear to my 50-h hearing?

Dress in business casual at minimum. You are appearing in a formal sworn legal proceeding. The impression you make matters — not just at the hearing, but potentially during settlement negotiations. Avoid casual clothing.

Can I refuse to answer questions at a 50-h hearing?

Generally no — you must answer relevant questions under oath. However, you do not have to answer questions protected by attorney-client privilege (communications with your lawyer). Your attorney will make objections and guide you on when silence is appropriate. Under GML § 50-h(2), your attorney has the right to be present during the entire examination.

What happens if I miss the 90-day deadline to file a Notice of Claim?

Missing the 90-day Notice of Claim deadline under GML § 50-e(1)(a) will almost certainly bar your lawsuit. In limited circumstances, a court may grant permission to file late — but this requires a motion and a showing of good cause. Do not wait. Contact a personal injury attorney immediately after any accident involving the City of New York.

How to Prepare for Your 50-h Hearing | Brooklyn Personal Injury Lawyer Koenig Pierre

GML § 50-h · Brooklyn · Queens

How to Prepare for Your 50-h Hearing

Q: What is the prior written notice defense in NYC sidewalk cases?

Under NYC Administrative Code § 7-201(c), the City of New York cannot be held liable for injuries from a defect in a street or highway unless it had prior written notice of that specific defect before your accident. Your attorney can research 311 complaints, DOT records, and prior accidents to counter this defense.

What Nobody Tells You Before You Walk Into That Room

A complete guide for accident victims in Flatbush, Crown Heights, Canarsie, and Jamaica Queens — with legal citations, key deadlines, and a word from attorney Koenig Pierre on how he prepares every client.

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▶ Quick Answer

How do you prepare for a 50-h hearing in New York?

A 50-h hearing is a mandatory sworn examination under General Municipal Law § 50-h that you must attend before you can sue a New York City municipality. To prepare: meet with your attorney in person before the hearing date, review your full account of the accident until it is second nature, and practice answering questions clearly without over-explaining.

On the day of the hearing — listen carefully before you answer, only respond to what was asked, say "I don't remember" when you genuinely don't, and let your attorney handle all objections. Dress professionally. Arrive on time. Stay calm.

Critical deadlines: You must file a Notice of Claim within 90 days of your accident (GML § 50-e), and your lawsuit must be filed within 1 year and 90 days (GML § 50-i). Missing either deadline can end your case permanently.

GML § 50-h 90-Day Notice Deadline 1 Yr + 90 Days to Sue Mandatory Appearance No Fee Unless We Win

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You filed a Notice of Claim against the City of New York. Maybe you slipped on a broken sidewalk in Crown Heights. Maybe the MTA doors closed on you coming off the A train in Jamaica. Maybe a pothole on Flatbush Avenue sent you to Kings County Hospital. Maybe a city worker caused an accident in Canarsie and drove off in a municipal vehicle.

Whatever happened, you did the right thing — you reported it, you got an attorney, and you filed your claim on time. Now the City has sent you a notice telling you to show up for a "50-h hearing."

What exactly is this? Do I have to go? What are they going to ask me? Can they use this against me?

This article answers all of that — including the specific laws that govern this process — because walking in prepared is the difference between a strong case and one that gets picked apart before you ever see a courtroom.

First: What Is a 50-h Hearing — and Where Does It Come From?

A 50-h hearing takes its name from General Municipal Law § 50-h, a New York State statute that gives municipalities — cities, counties, towns, and villages — the right to conduct a sworn oral examination of any person who files a Notice of Claim against them. This happens before any lawsuit is filed.

The purpose, as the law frames it, is to allow the municipality to investigate the claim. In practice, it's also an opportunity for the City's attorneys to assess the strength of your case before deciding whether to settle or fight.

GML § 50-h(1) — The municipality may require you to be examined under oath "concerning the claim and the circumstances under which it arose." The examination is recorded by a court reporter and becomes part of the official record.

GML § 50-h(4) — The transcript may be used at any subsequent trial, meaning everything you say matters from day one.

GML § 50-h(5) — If you fail to appear without a valid excuse, the municipality can move to dismiss your case. Courts have upheld dismissals for unjustified non-appearance. See, e.g., Ruggiero v. City of New York, 37 A.D.3d 504 (2d Dep't 2007).

This is not optional. If you don't show up, your case could be dismissed.

The Notice of Claim: Your Foundation

Before the 50-h hearing can even happen, you must have filed a Notice of Claim — a formal written notice to the municipality that you intend to bring a claim. This is governed by General Municipal Law § 50-e.

The 90-day filing deadline. Under GML § 50-e(1)(a), a Notice of Claim must be filed within 90 days of the date your claim arose. Miss this window without court permission and your lawsuit will almost certainly be dismissed.

What the Notice must contain. GML § 50-e(2) requires: (1) the claimant's name and address; (2) the nature of the claim; (3) the time, place, and manner in which the claim arose; and (4) the damages or injuries claimed. Courts have dismissed or weakened cases where the Notice was vague. See Rosenbaum v. City of New York, 8 N.Y.3d 1 (2006).

The statute of limitations. After your Notice of Claim is filed and the 50-h hearing is completed, you must file your actual lawsuit within 1 year and 90 days from the date of the accident under GML § 50-i(1). Missing this — even by one day — can permanently bar your claim.

Why This Hearing Matters

Here's the real talk: the City's attorney isn't there to help you. They're gathering information — looking for inconsistencies, gaps in your story, or anything they can use to minimize your case or deny the claim entirely.

But this isn't a trap. It's a process — one you can handle confidently if you go in prepared.

GML § 50-h(2) — The municipality must give you at least 10 days' written notice of the time and place of the examination. The municipality also cannot demand the hearing until at least 90 days after service of the Notice of Claim, giving you time to prepare.

CPLR § 3117(a) — Your 50-h testimony can be used at trial to contradict or impeach you if your story changes. Consistency matters.

What Will They Ask You?

Your background. Name, address, date of birth, employment, education. Answer carefully and honestly.

How the accident happened. Where were you? What time? What exactly occurred? What were you doing right before? Were there witnesses? What were the weather and lighting conditions?

The location. What intersection? Which side of the street? Was there a defect — and if so, how long had it been there? Did you ever notice it before? (Prior written notice is a key legal issue in sidewalk and roadway cases — see below.)

Your injuries. What hurts? When did the pain start? Did you go to the hospital? Which one? Have you seen doctors since? Are you still in treatment? See our post on what happens if you have a gap in treatment.

Prior injuries or lawsuits. They will ask whether you've been injured before, made prior claims, or had previous accidents. Answer honestly — they have ways of finding out.

Lost wages and other losses. Did you miss work? How much? Do you have documentation?

A Legal Issue That Comes Up in Many Brooklyn and Queens Cases: Prior Written Notice

If your injury involved a sidewalk, pothole, or condition on City property, the City will investigate whether it had prior written notice of that defect.

NYC Administrative Code § 7-201(c) — The City cannot be held liable for injuries caused by a defect in a street or highway unless it had prior written notice of that specific defect before the accident.

Your attorney can research prior 311 complaints, Department of Transportation records, and prior accident reports to counter this defense. The prior written notice requirement does not apply to all City negligence — for example, it generally does not apply to MTA claims or cases involving City employee negligence. But in sidewalk and roadway cases, it is one of the most commonly raised defenses in Brooklyn and Queens courts.

How I Prepare My Clients: A Word From Attorney Koenig Pierre

I've sat across from a lot of clients in my office before a 50-h hearing. Some come in fired up — ready to tell the City's attorney exactly what happened and exactly how they feel about it. Some come in so nervous they can barely make eye contact. Most are somewhere in between: tired, hurt, frustrated, and just wanting it to be over.

My job before that hearing is not just to review the facts. It's to make sure you walk into that room feeling like yourself — steady, clear, and confident.

We sit down together — in person. Not a rushed phone call the night before. We meet at the office, face to face, usually a few days before the hearing. I want to see you. I want you to see me. This hearing matters, and it deserves more than a five-minute conversation on speakerphone while you're on the BM2 heading to work.

We go through your story from the beginning. I ask you the same types of questions the City's attorney is going to ask — where you were, what happened, what you felt, what you did next. Not to interrogate you. Not to trip you up. But so that by the time you're in that room, answering those questions doesn't feel scary anymore. It feels familiar.

I tell you the truth about what to expect. I don't sugarcoat it. Some of their questions are going to feel personal. Some will feel like they're trying to catch you in something. I walk you through that ahead of time so nothing catches you off guard. Knowing what's coming makes all the difference.

We work on the little things. Listen before you answer. Pause before you speak. Don't fill the silence. Say "I don't remember" when you don't remember — and mean it. These sound simple, but they're the things that get people in trouble when they haven't practiced them.

I remind you who you are. By the time most of my clients get to the 50-h hearing, they've been dealing with their injury for months — maybe longer. They've been in pain, missed work, felt like the system wasn't moving fast enough. Some feel like they're the ones who did something wrong. You didn't. You were hurt through someone else's negligence. You filed a legitimate claim. You followed the law. You belong in that room.

I'm Haitian-American, Brooklyn-raised, and I built this practice to serve communities like Flatbush, Crown Heights, Canarsie, and Jamaica Queens — communities that have often been underserved by the legal system. When you come to me, I don't treat you like a case number. I treat you like the person you are. And when we walk into that hearing, you're not walking in alone.

If you haven't had your 50-h preparation meeting yet, call my office at 1-800-946-4616 or visit koenigpierre.com to schedule a free consultation.

Ten Rules for the Day of Your Hearing

Meet with your attorney beforehand — not the morning of. Sit down with your lawyer days before the hearing. Go over the facts of your case. Review any documents you've signed or statements you've given. Know your timeline cold.
Tell the truth. The City's attorneys do this every day. They know the inconsistencies to look for. The only way to stay consistent is to tell the truth — every time, without embellishment. Perjury is a crime under Penal Law § 210.15, and false sworn statements can destroy your credibility and your case.
Listen to the full question before answering. Don't anticipate where the question is going. Wait until the attorney finishes, take a breath, and then answer. Rushing leads to mistakes.
Only answer what was asked. Answer the question. Stop talking. Don't explain, add context, or volunteer information that wasn't asked for. Every extra word is an opportunity for them to find something to use.
"I don't know" and "I don't remember" are legitimate answers. If you genuinely don't recall something — say so. Don't guess. A wrong guess on the record is worse than an honest "I don't remember."
Ask for clarification if a question is confusing. Say: "Can you rephrase that?" or "I'm not sure I understand what you're asking." Your attorney can also object if a question is improper.
Dress the part. You are under oath in a formal legal proceeding. Dress respectfully — business casual at minimum. Impressions made at the 50-h hearing can carry into settlement negotiations.
Don't let them rush you. The attorney may try to move quickly or interrupt you. You are entitled to take your time and complete your answer. Your attorney is there to protect you.
Don't argue or get emotional. You may be asked about painful events. You may be asked questions that feel disrespectful or aggressive. Stay calm, measured, and factual. Getting emotional or combative can undermine your credibility — even when you're completely right.
Follow your attorney's lead. If your attorney objects or tells you not to answer a question, listen. Under GML § 50-h(2), you are not required to answer questions protected by privilege — such as communications with your attorney. Your lawyer is there to make those calls.

Common Mistakes People Make (And How to Avoid Them)

Oversharing on social media. From the moment you file your claim to the day your case resolves, be very careful about what you post. Courts have repeatedly allowed social media evidence in personal injury cases. A photo of you at a cookout in Prospect Park can be used to challenge your injury claims. See Patterson v. Turner Constr. Co., 88 A.D.3d 617 (1st Dep't 2011).

Talking to the City without your attorney. If anyone contacts you claiming to be from the City or an insurance company, do not give a recorded statement. You have no legal obligation to do so. Direct all such communications to your attorney.

Not keeping up with medical treatment. Courts and juries scrutinize gaps in treatment. If you stop going to the doctor but then claim ongoing pain, that gap becomes a weapon for the defense. Read our full post on gaps in treatment and what they mean for your case.

Waiting too long to prepare. Some people don't think about the 50-h hearing until the night before. Give yourself enough time to review everything carefully with your lawyer.

Not knowing what to do after an accident. If you're still figuring out the basics, read: What Should I Do After a Car Accident in New York? and What to Do When the Police Won't Help You After an Accident in Brooklyn.

Key Deadlines at a Glance

Requirement	Deadline	Legal Authority
File Notice of Claim	Within 90 days of the accident	GML § 50-e(1)(a)
Municipality may demand 50-h hearing	No earlier than 90 days after Notice of Claim	GML § 50-h(2)
Notice of 50-h hearing to claimant	At least 10 days in advance	GML § 50-h(2)
File lawsuit (statute of limitations)	Within 1 year and 90 days of the accident	GML § 50-i(1)

Missing any of these deadlines can end your case before it begins. If you have any doubt about where you stand, speak with an attorney immediately.

The Bigger Picture: Know Your Rights

People from Flatbush, Canarsie, Crown Heights, and Jamaica Queens have every right to hold the City accountable when negligence causes them harm. Broken sidewalks, dangerous subway stations, reckless city vehicles — these are not abstract problems. They happen in your neighborhood, on your block, to people you know.

The law gives the City significant procedural protections. But it also gives you rights: the right to an attorney at that hearing, the right to object to improper questions, and the right to have your day in court.

Know your story. Know your rights. Tell the truth. Trust your attorney. Walk in ready.

A Quick Summary Checklist

Before your 50-h hearing, make sure you've done the following:

Met with your attorney to review the facts
Confirmed your Notice of Claim was timely filed under GML § 50-e
Reviewed any prior statements or documents you signed
Visited the accident location to refresh your memory (with attorney's guidance)
Gathered names of any witnesses you know of
Organized your medical records and treatment timeline
Noted your lost wages and any out-of-pocket expenses
Avoided posting about your case or injuries on social media
Planned what you'll wear
Arranged transportation so you arrive on time
Confirmed your lawsuit filing deadline with your attorney (GML § 50-i)

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every case is different. If you have been injured due to the negligence of a New York City agency or municipality, consult a licensed personal injury attorney about your specific situation. Reading this article does not create an attorney-client relationship with Koenig Pierre, Esq.

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✎ About the Author

Koenig Pierre, Esq.

New York Personal Injury Attorney

Koenig Pierre is a New York personal injury lawyer serving clients throughout Brooklyn, Queens, the Bronx, Manhattan, and Long Island. Haitian-American and Brooklyn-raised, he built his practice to champion communities that have long been underserved by the legal system — including Flatbush, Crown Heights, Canarsie, and Jamaica Queens.

Koenig handles car accident cases, slip and fall injuries, MTA and subway accidents, construction accidents, medical malpractice, wrongful death, and premises liability cases — including municipal claims requiring a 50-h hearing. He takes all cases on a contingency fee basis: no fee unless he wins.

A graduate of Hofstra University School of Law, Koenig is admitted to the New York State Bar (Bar No. 4972402) and brings the same relentless focus to every case — whether it's a car accident on Flatbush Avenue or a broken sidewalk in Crown Heights. His motto: "The desire to make my clients whole is the driving force of my professional existence."

NY Bar No. 4972402 Hofstra University School of Law, J.D. Contingency Fee — No Win, No Fee Haitian-American & Brooklyn-Raised

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