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You must file tort claims against the City with the City Comptroller. By law, claims must be filed within 90 days of the incident. The New York City Comptroller's Office is responsible for overseeing the resolution and settlement of claims filed against or on behalf of the City of New York.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
Instructions for service on NYCTA, MaBSTOA, and SIRTOA: E-mail this form to serviceclaims@nyct within 90 days of the incident. If your claim is not resolved, you will have one year and 90 days from the date of the incident to commence a legal action.
Lawsuits must be filed in court within 1 year and 90 days of the date of the incident. Once a lawsuit is filed, the Comptroller's Office cannot discuss the claim and all communications must be directed to the New York City Law Department, as attorneys for the City.
New York City Administrative Code § 7‐201 requires a notice of claim to be submitted to the Comptroller's Office prior to the commencement of any action or proceeding against the City of New York. By law, tort claims must be filed with the City within 90 days of occurrence.
A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a claim.
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The General Municipal Law requires that a Notice of Claim be served within 90 days after the claim arises. Section 50-e2 The claim will normally arise on the date of the accident (e.g., slip and fall) or the event (e.g., assault) that has given rise to the claim.