Looks to be a major screwup by NYRA attorneys. Usually, you can get around the 90 days if filed within a reasonable time thereafter (this is just a simple notice to sue with general allegations called a Notice of Claim). The statute of limitations to actually file the lawsuit then is 1 year and 90 days if a timely Notice of Claim is filed. However, the NY Courts usually will not allow a late Notice of Claim to be filed if it is a long period of time beyond the 90 days, such as what appears to be over a year later and which may have been beyond the statute of limitations itself. One would think with the financial problems that NYRA has faced they would be on top of such things.
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