Instructions For Filing Tort (Lawsuit) Claims Against the City of New York
INSTRUCTIONS FOR FILING TORT CLAIMS
Under Section 50-e of the General Municipal Law, all tort claims against the City of New York should be filed with:
The Comptroller of the City of New York
Municipal Building – Room 1225
1 Centre Street
New York, New York 10007
The Notice of Claim should be in writing on the enclosed forms or in a similar format. The Notice of Claim must beNotarized and served Personally or by Certified Mail within ninety (90) days from the date of the occurrence.
1. Tort Claims against the following authorities should NOT be filed with the Comptroller’s Office.
Board of Higher Education
Manhattan & Bronx Surface Transit Port Authority
Operating Authority (MABSTOA)
Tort Claims against any of the above authorities must be filed directly with the authority involved.
2.Local Law No. 82 of 1979 provides, in part:
“No Civil action shall be maintained against the City for damage to property or injury to person or death sustained in consequence of any street or sidewalk…being out of repair… unless it appears that written notice was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such Notice (Department of Transportation, Canal Street Station, P.O. Box 465, New York, N.Y. 10013) or where there was previous injury to person or property as a result of the existence of the defective, unsafe, dangerous or obstructed condition, and written notice thereof was given to a city agency, or there was written acknowledgment from the City of the defective condition…..and there was a failure to neglect within fifteen days after receipt of such Notice to repair or remove the defect…..or the place otherwise made reasonable safe.