THE BRONX - A notice of a claim is being filed on behalf of a Bronx teenager who says police tossed him through a plate glass window back in May.

Police say Javier Payne and a 13-year-old friend assaulted a man on Arthur Avenue in May. They say it happened after the man refused to give the teens a cigarette.

The Rev. Al Sharpton spoke about the incident in June, saying officers handcuffed Payne, exchanged some words and then shoved him through the window.

Police say Payne accidentally fell through the glass.

Javier Payne's mother Cherita and her lawyer announced Thursday they are preparing to sue the city. The suit not only goes after the NYPD, but the FDNY's emergency medical response team. Payne's lawyer said he was not treated immediately, as he should have been.

The officer accused of pushing Payne was placed on modified assignment following the incident.

The family lawyer also says while the District Attorney's Office investigates whether the sergeant accused of pushing Payne did so with criminal intent, his office is holding telling surveillance video hostage.

"All I'm asking for is justice to be done," Payne's mother said.