The lawyer of Sian Green, 24, has claimed the reckless cabbie should not have even been on the road.
In the claim notice, Ms Green's lawyer Dan Marchese has argued the taxi driver had seven points on his license at the time and should have been automatically suspended.
Marchese wrote in the notice. “The Taxi & Limousine Commission (TLC) should have suspended his license BEFORE the time of the accident.
He added: “Admittedly, due to a ‘computer glitch,’ TLC failed to ensure pedestrian safety, and specifically [Green’s] safety and well-being.”
The driver's suspension would have lasted for 30 days and the TLC revealed the "glitch" allowed thousands of cabbies to remain on the roads at the time.
In November, Ms Green was "incredibly dismayed" to learn that Himon would not be facing criminal charges.
The Green family blasted the decision and a spokeswoman for the city Law Department has since said the agency “will review the claim.”