Section 3-318. Award of damages to land and improvements by reason of grading of streets; measure of damages; presentation of claims

a. There shall  be no liability for originally establishing a grade or for  changing  an
  established grade, except as provided in this section:
    1.  When  an  owner  has  built  upon or otherwise improved his or her
  property prior to the  original  establishment  of  a  grade  by  lawful
  authority,  such  owner  and  the  lessee  thereof  shall be entitled to
  damages only to such buildings and improvements for the grading  of  the
  street in accordance with such established grade.
    2.  When  an  owner  has  built  upon or otherwise improved his or her
  property  in  conformity  with  the  grade  of  any  street  or   avenue
  established  by  lawful  authority  and such grade is changed after such
  buildings or improvements have been erected, such owner and  the  lessee
  thereof  shall  be  entitled  to  damages  only  to  such  buildings and
  improvements for the change of grade.
    3. When a street has been graded to a special grade as  set  forth  in
  this  section,  the  comptroller  shall  be  empowered  to determine the
  damages sustained by each owner or  lessee  of  the  land  fronting  the
  portion  of  the street affected by the special grade. The damages shall
  be for the departure of the grade of the street from the normal grade as
  shown on the plan and profile submitted by the board of estimate to  the
  comptroller.
    b.  No  award  shall be made unless a claim in writing shall have been
  filed with the comptroller within ninety days after  the  grading  shall
  have been completed.