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The law requires that property owners file a notice of claim with the Comptroller's Office before they file a lawsuit in court. The law also allows the Comptroller's Office to investigate and evaluate these claims, and to offer an early settlement of these potential lawsuits when the City is liable for the damages.
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.
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.
Injuries occurring on state highways, rather than city streets, may be governed by the state “pothole law.” Under § 58 of the New York Highway Law, the state is liable for damages caused by “defects in state highways,” but only if the injury or damage occurs between May 1 and November 15.
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.
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.
Yes, you can sue the city for pothole damage, but the process is not straightforward. Before filing a lawsuit, you must first file an administrative claim with the appropriate government agency. The claim filing process varies depending on the location of the incident.
By Mail Complete the information requested on the “Mail Claim Form” page that appears after you select a name from the search results or select the “Mail Claim Form” link. Enter your full name and current address to generate a claim form. Print the form.
Depending on the facts of a particular claim, it could take weeks, months, or even years to settle or otherwise resolve a claim. Once an insurance company has completed its investigation, however, it has 15 days to notify a claimant as to whether it is accepting or denying the claim.
The order, together with the notice of settlement, must be served and presented to the court within sixty (60) days of the justice's decision. The party settling the order must also submit an original affidavit of service showing the proposed order and notice of settlement were served on all other parties to the case.