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. After a claim is received, the Comptroller’s Office will investigate the claim. The Comptroller’s Office may extend an offer to settle the claim based on the results of the investigation.
Filing a Claim with The Comptroller’s Office
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.
Pursuant to the New York State General Municipal Law § 50-e, personal injury and property damage (tort) notices of claim must be properly served within 90 days from the date of occurrence.
Contractors should refer to any contractual provisions and/or statutory requirements that apply to their claims, including the time to commence a lawsuit.
The New York City Procurement Policy Board Rule § 4‐09 and New York City Standard Contracts establish a dispute resolution process that applies to all disputes between the City and vendors that arise under, or by virtue of, a contract between them, except as limited by PPB Rules § 4‐09 (a) (1) & (2). Please refer to the PPB Rules and your contract for provisions that apply to your claim.
Pursuant to New York State Insurance Law Regulation 68, no fault related notices of claim must be filed within 30 days of the date of accident.
Proper service includes delivery of the notice of claim to the Comptroller’s Office by one of the following methods:
- Electronically via the eClaim system,
- By personal delivery, or
- By registered or certified mail.*
A notice of claim must be filed in writing. All claim forms are available in PDF format in the Electronic Filing and Filing by Personal Delivery or Mail pages. If you do not have the plug-in program needed to read these files, please download Adobe Acrobat Reader.
*For non-tort, no fault, construction, or contract related claims ONLY: The Comptroller’s Office will accept service of non-tort, construction, or contract related claims by commercial carrier with a tracking number, such as UPS or FedEx.
Note
- Claims against the Authorities listed below should NOT be served on the Comptroller’s Office, and MUST be served on the Authority or its designated agent
- New York City Transit Authority (NYCTA)
- New York City Housing Authority (NYCHA)
- Triboro Bridge & Tunnel Authority
- Port Authority of NY and NJ
- Manhattan, Bronx Surface Transit Operating Authority (MABSTOA)
- New York City School Construction Authority
- New York City Health + Hospitals (HH)
- Staten Island Rapid Transit Authority
- MTA Bus Company (MTABC)
- Metropolitan Transportation Authority (MTA)
- Hugh L. Carey Battery Park City Authority
- If you are filing a claim for damages sustained as a result of an alleged defective roadway condition on a New York State highway, please be sure to file a separate claim with New York State. More information is available through the New York State Department of Transportation.
- Before the City may be held liable for injuries or damages resulting from a potentially dangerous condition, New York law requires that the City have notice. The New York City Administrative Code 7-201(c)(2) codified the notice requirement, which 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, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice, 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 acknowledgement from the city of the defective, unsafe, dangerous or obstructed condition, and there was a failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger, or obstruction complained of, or the place otherwise made reasonably safe.”