Category: Civil Litigation

  • How to Get a Police Accident Report in NYC

    How to Get a Police Accident Report in NYC

    A simple guide to retrieving your collision report (MV-104AN) online or by mail.

    Getting into a car accident is scary and confusing. Once the dust settles, you need proof of what happened for your insurance company or for a lawsuit. In New York City, this proof is called the Police Collision Report (form MV-104AN). Getting this report used to be easy, but the rules have changed.

    Flowchart showing the steps to get a police report: At the Scene, The Waiting Period, and How to Request Online or by Mail.
    Figure 1: The Steps to Retrieve Your Collision Report
    View Text Description of Graphic

    1. At the Scene: The police officer writes down the details. You should ask for the “Accident Report Number” or “Complaint Number.”

    2. The Wait: It usually takes a few days for the report to be typed up and put into the computer system.

    3. Requesting the Report: You can go to the NYPD Collision Report Portal online. You enter the date and your license plate number to find it.

    4. Alternative: If you can’t find it online, you have to mail a “Verification of Incident” form to the NYPD Criminal Records Section.

    1. What is the MV-104AN?

    The MV-104AN is the official form the police fill out when they come to an accident scene. It lists the drivers involved, the insurance information, and a diagram of how the crash happened. This piece of paper is critical. Without it, your insurance company might delay fixing your car or paying your medical bills.

    2. Don’t Just Go to the Station (Most of the Time)

    WARNING: You might think you should just walk into the police precinct to get your report. Stop! Many precincts in New York City no longer give out these reports at the front desk.

    To save time and avoid frustration, you should try to get the report online first. If you just show up at the station, they might just hand you a piece of paper telling you to go home and use the computer. You can go to the local precinct where the accident occurred within 30 days and get the report.

    3. The Best Way: Go Online

    The fastest way to get your report is through the NYPD Collision Report Portal. It is free and available 24/7. Here is how it works:

    1. It can take up to 7 days after the accident for the report to be available. It takes time for officers to enter the data.
    2. Go to the Collision Report Website.
    3. You will need to search using the Incident Date and the License Plate Number of one of the cars involved.
    4. If found, you can download the PDF right away.

    4. The Slower Way: By Mail

    If you cannot find the report online, or if the police did not file a full collision report but only made a record of the incident, you have to use the mail. You must fill out a specific form depending on what you need:

    • Collision Report Request: Use the form found in the links to request the standard accident report.
    • Verification of Incident: Use form PD 542-061 if you just need proof that something happened (like a tree falling on your car) but it wasn’t a two-car crash.
    • Aided Record: Use form PD 304-161 if someone was hurt and taken to the hospital by ambulance.

    You must include a stamped, self-addressed envelope with your request so they can mail the report back to you.

    5. Is There a Fee?

    Getting the report from the NYPD website is usually free. However, if you order it through the New York State DMV, there might be a fee. Also, if you are paying for other police records, you might use the CityPay portal. Always check if a fee applies before you send a check.

  • Fighting the System: The Article 78 Proceeding

    Fighting the System: The Article 78 Proceeding

    A definitive guide to challenging New York government agency decisions, denials, and abuses of power.

    When a New York State agency, local board, or public officer makes a decision that negatively affects you—whether it’s denying a license, terminating public housing, wrongly calculating a prison sentence, or firing a civil servant—you generally cannot sue them in a “normal” civil lawsuit. Instead, you must use a unique and powerful legal tool: the CPLR Article 78 Special Proceeding.

    This is not a trial with a jury. It is a fast-tracked review by a Supreme Court Judge to determine if the government followed the law. The stakes are high, the timelines are short, and the procedural traps are unforgiving.

    Flowchart of the Article 78 Process: Agency Decision -> Exhaustion of Remedies -> 4 Month Statute of Limitations -> Filing -> Service -> Judgment.” class=”w-full h-auto rounded block” /> <figcaption class= Figure 1: The Lifecycle of an Article 78 Proceeding
    View Text Description of Graphic

    1. The Agency Action: The process begins when an officer or agency makes a final determination or fails to act when required.

    2. Exhaustion of Remedies (CRITICAL): Before going to court, you must appeal internally within the agency (e.g., appeal to the Superintendent, then the Commissioner). Failing this gets your case dismissed.

    3. Statute of Limitations: You generally have exactly 4 months from the date the decision became final and binding to file your papers.

    4. Filing: You file a Notice of Petition (or Order to Show Cause) and Verified Petition with the Court Clerk and pay the fee.

    5. Service: You must serve the Agency AND the Attorney General. Strict proof of service is required.

    6. The Hearing: The Judge reviews the papers. There is rarely live testimony. The Judge issues a Judgment annulling the decision or dismissing the case.

    1. Grounds for Action: What Can You Challenge?

    You cannot use Article 78 simply because you disagree with a decision. You must fit your grievance into one of four specific legal categories established by CPLR § 7803:

    • Mandamus to Compel: Used when an agency failed to perform a duty required by law. (e.g., “The law says you must issue a decision within 30 days, and you have ignored me.”)
    • Mandamus to Review: The most common challenge. You argue the decision was “arbitrary and capricious” or an “abuse of discretion.” This means the decision lacked a rational basis or was made without regard to the facts.
    • Certiorari: Used to challenge a decision made after a formal trial-like hearing (with evidence and sworn testimony). The standard here is whether the decision was supported by “substantial evidence.”
    • Prohibition: Rare. Used to stop an official who is about to act without any legal jurisdiction or authority.

    2. The Two Deadly Traps: Exhaustion & Time

    WARNING: Most Article 78 cases filed by non-lawyers are dismissed not because they are wrong, but because they hit one of these two walls.

    Trap A: Exhaustion of Administrative Remedies

    You cannot run to court immediately after a low-level official says “no.” You must follow every step of the agency’s internal appeal process first.

    Example: If a prison Superintendent finds you guilty of a disciplinary infraction, you cannot file an Article 78 yet. You must first appeal to the Commissioner in Albany. Only after the Commissioner denies your appeal (or fails to rule in time) can you go to court. If you skip a step, the judge must dismiss your case.

    Trap B: The 4-Month Statute of Limitations

    The clock ticks fast. You generally have only 4 months from the date the agency’s decision becomes “final and binding” to file your papers in court. This is much shorter than the 3 years for negligence or 6 years for contracts. If you file 4 months and 1 day later, your case is dead.

    3. How to Commence the Proceeding

    An Article 78 is a “Special Proceeding,” meaning it moves faster than a normal lawsuit. Here is the procedural roadmap:

    A. The Papers

    You must prepare three main documents:

    1. Verified Petition: Your sworn statement telling the story. It must include the facts, the legal error the agency made, and what you want the court to do (e.g., “Annul the decision”). It must be “verified” (sworn to before a notary).
    2. Notice of Petition OR Order to Show Cause (OSC):
      • Notice of Petition: Used when you have plenty of time. You pick a court date at least 20 days away.
      • Order to Show Cause: Used if you are in a rush (e.g., you are about to be evicted or transferred) or if you are a prisoner who needs permission to serve papers by mail. The Judge signs this and picks the court date.
    3. Request for Judicial Intervention (RJI): A form that gets a Judge assigned to your case.

    B. Filing and Fees

    You file these papers with the County Clerk. The filing fee is generally $305 ($210 for the Index Number + $95 for the RJI). If you cannot afford this, you must file a “Poor Person’s Order” application with proof of your income to waive the fees.

    C. Service of Process

    Once you file and get an Index Number, you must “serve” (deliver) the papers to the other side. Strict Compliance is Required.

    • You must serve the Agency (Respondent).
    • You must ALSO serve the New York State Attorney General (if a State agency) or the Corporation Counsel (if a NYC agency).
    • You usually cannot mail the papers yourself unless the Judge gave you permission in an Order to Show Cause. Usually, a non-party over 18 must deliver them.

    4. The Judgment

    On the “Return Date,” the Judge takes the papers (oral argument is rare). The Judge will eventually issue a written Decision and Judgment. If you win, the Court may annul the agency’s decision or send it back for a new hearing. If you lose, you may have the right to appeal to the Appellate Division, but you must file a “Notice of Appeal” within 30 days.

  • How a Civil Lawsuit Works in NY Supreme Court

    How a Civil Lawsuit Works in NY Supreme Court

    A step-by-step guide for plaintiffs and defendants navigating the legal system.

    Whether you are suing someone for a breach of contract or you have been injured in an accident, entering the New York State court system can be intimidating. Understanding the procedural roadmap—from filing the first paper to receiving a judgment—is essential for anyone involved in a civil dispute.

    Flowchart: The 7 Stages of a Civil Lawsuit in NYS Supreme Court. Detailed text description below.
    Figure 1: The Lifecycle of a Civil Case in New York
    View Text Description of Process Chart

    Step 1: Commencement. The Plaintiff files a Summons and Complaint (or Summons with Notice) with the County Clerk and pays the index number fee.

    Step 2: Service of Process. The papers must be legally delivered to the Defendant within 120 days. Proper service is critical for jurisdiction.

    Step 3: The Answer. The Defendant files a written response, admitting or denying allegations and asserting defenses.

    Step 4: Discovery. Both sides exchange evidence (documents, depositions, interrogatories) to learn the facts of the case.

    Step 5: Note of Issue. A document filed to tell the court that discovery is complete and the case is ready for trial.

    Step 6: Trial. The case is presented before a Judge (bench trial) or Jury to determine liability and damages.

    Step 7: Judgment. The final official decision of the court, which can be enforced to collect money or compel action.

    1. Where Do I File? Understanding Jurisdiction

    In New York, not all courts are created equal. You must file your case in the court that has the authority (“jurisdiction”) to hear it. The Supreme Court is the trial-level court of general jurisdiction, but it typically handles larger cases.

    • Supreme Court: Generally for cases where the amount in dispute is over $25,000. It also handles specific types of cases like divorce and major equity claims regardless of amount.
    • Civil Court (NYC) / District Court (Long Island): For disputes up to $50,000 (NYC) or $15,000 (District Courts).
    • Small Claims: For simple disputes up to $10,000 ($5,000 in some jurisdictions).

    2. Starting the Case: The Pleadings

    A lawsuit begins when the Plaintiff purchases an Index Number and files a Summons and Complaint. The Complaint tells the story: who did what, when they did it, and what you want (usually money). The Defendant then has a strict deadline (usually 20 or 30 days depending on service) to file an Answer. If they ignore it, they risk a “Default Judgment”—losing the case automatically.

    3. The Discovery Phase: No Surprises

    TV dramas often show surprise witnesses, but in real civil litigation, the goal is transparency. During Discovery, you are entitled to see the other side’s evidence. This includes:

    • Document Demands: requesting contracts, emails, medical records, or photos.
    • Depositions (EBTs): questioning the other party or witnesses under oath before a court reporter.

    This phase is often the longest part of the lawsuit, but it is where cases are won or lost.

    4. Motions and Resolutions

    Throughout the case, either side may file a Motion—a written request asking the Judge to do something. Common motions include:

    • Motion to Dismiss: Arguing the complaint is legally flawed.
    • Motion for Summary Judgment: Arguing that the facts are undisputed and the judge should decide the case without a trial.

    Most civil cases settle before trial. However, if no agreement is reached, the case proceeds to a trial where a verdict is rendered, leading to a final Judgment.