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How to File a Claim for Damage Against New York City

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By eHow Contributing Writer
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When contemplating the filing of a claim against the City of New York, it is important to consider basic factors and follow general rules in order to properly commence a claim. While complex cases require the assistance of legal counsel, simpler cases can be filed rather easily with just a bit of effort.

Difficulty: Moderate
Instructions

Things You'll Need:

  • Records regarding the claim and damages
  • Paper
  • Computer
  • Printer
  • Telephone
  1. Step 1

    Gather all facts regarding the claim. These facts include the date, time and location of the incident, the name, address and telephone number of all individuals involved in the matter and any other pertinent facts. Be sure to obtain any documentary evidence supporting the claim such as photographs, maps, correspondence, statements, medical records and any other documentation.

  2. Step 2

    Next, visit a legal stationery store or check with an internet legal forms supplier for a "notice of claim" form for filing a claim against the City of New York. Be sure to obtain the instructions that accompany the particular form. Complete the form as specified. Make sure you sign the form in the presence of a notary public, who will notarize your signature.

  3. Step 3

    File the notice of claim form within 90 days from the date of the incident which gave rise to the claim. Failure to do so will usually result in the automatic dismissal of your claim. Make sure to follow all directions for serving the document upon the proper entity, which will accept service of process on behalf of the City of New York; this will be listed on the notice form itself. Failure to serve the papers properly will result in the dismissal of your claim.

  4. Step 4

    Certain types of claims require that the City of New York had received prior written notice for the city to be subject to liability. For instance, if your claim arises out of a pothole located in a city street that has caused property damage to your vehicle, the city must have had prior written notice of that pothole for your claim to be considered. Consequently, before filing your claim, you may want to check with the city to see if any notice of claim has been filed since this is a prerequisite to the viability of your claim.

Tips & Warnings
  • It is always advisable to consult with an attorney when contemplating any legal action.
  • Each city department has different types of notices of claims, so be sure to use the correct form for your type of claim.
  • This article does not constitute legal advice but is just general information and should not be relied upon as legal advice. You should always consult with your lawyer in any legal matter.
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