The family of a man who died after being placed in a police chokehold has filed a notice of claim to sue New York City, its police department and six officers for $75 million.

Eric Garner's family filed the notice on Monday. The notice is the first step toward suing the city over the 43-year-old Garner's death on Staten Island in July.

A spokesman for city Comptroller Scott Stringer said Tuesday the claim is under review.

Representatives of the police department and the city's Law Department haven't returned emails seeking comment.

The city's medical examiner found a banned chokehold used by an officer contributed to Garner's death.

Garner was asthmatic. He could be heard on an amateur video shouting, "I can't breathe!"

A grand jury will determine whether criminal charges are filed in Garner's death.