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Assembly Bill A7797

2021-2022 Legislative Session

Relates to allowing for a dismissal of a claim based on claimant's failure to comply with pleading requirements

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2021-A7797 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §11, Ct Claims Act
Versions Introduced in 2023-2024 Legislative Session:
A8324

2021-A7797 (ACTIVE) - Summary

Allows for amendments to timely filed notices of intention to correct a mistake, omission, irregularity or defect made in good faith.

2021-A7797 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7797
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of A. RAJKUMAR -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the court of claims act, in relation to allowing for
   dismissal of a claim based on claimant's failure to comply with plead-
   ing requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 11 of the court of claims act is amended by adding
 a new subdivision d to read as follows:
   D. A CLAIMANT MAY, AT ANY TIME AFTER THE TIMELY SERVICE OF A NOTICE OF
 INTENTION OR TIMELY FILING AND SERVICE OF A CLAIM, AND AT ANY  STAGE  OF
 THE  ACTION,  APPLY  TO  THE  COURT FOR PERMISSION TO CORRECT A MISTAKE,
 OMISSION, IRREGULARITY, OR DEFECT MADE IN GOOD FAITH IN  THE  NOTICE  OF
 INTENTION OR CLAIM REQUIRED TO BE SERVED BY THIS SECTION, NOT PERTAINING
 TO  THE  MANNER  OR  TIME  OF  FILING AND SERVICE THEREOF. THE NOTICE OF
 INTENTION AND/OR CLAIM MAY BE CORRECTED, SUPPLIED,  OR  DISREGARDED,  AS
 THE  CASE  MAY  BE,  IN  THE  DISCRETION OF THE COURT, PROVIDED IT SHALL
 APPEAR THAT THE OTHER PARTY WAS NOT PREJUDICED THEREBY.
   IF SUCH PERMISSION IS GRANTED, THE NOTICE OF  INTENTION  AND/OR  CLAIM
 SHALL  BE  DEEMED  CORRECTED  NUNC  PRO TUNC. THE APPLICATION TO CORRECT
 SHALL BE ACCOMPANIED BY A COPY  OF  THE  PROPOSED  CORRECTED  NOTICE  OF
 INTENTION AND/OR CLAIM.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09658-02-1

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