The family of an assistant principal who was New York City's first swineu00a0flu victim has filed court papers with the intention of suing the city and its health and education departments.

Mitchell Wiener's widow and three sons said in a notice of claim last week that they intend to file a $40 million
(Rs 190 crore) wrongful death lawsuit.

The notice claims the city was negligent in failing to quickly report the outbreak and failing to warn Weiner that he'd been exposed to the virus. It also claims the city didn't do its best to control the outbreak.

Mayor Michael Bloomberg said "the city didn't do anything wrong". He said the city has an obligation to keep schools open, and he's sorry Wiener died.

Wiener, who worked at Intermediate School 238 in Queens, died on May 17 after succumbing to H1N1 virus.

Wiener, who had been hospitalised and placed on a ventilator, had been sick with the new flu strain for nearly a week before his school was closed three days before his death.