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
Pursuant to the New York State General Municipal Law § 50-e, a notice of claim must be properly served within 90 days from the date of occurrence. 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.
- Tort claims against the Authorities listed below should NOT be served on the Comptroller’s Office, and MUST be served on the appropriate Authority:
- 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.”
Frequently Asked Questions about Filing a Claim (FAQs)