NY State Senate Bill 2025-S7735

Senate Bill S7735

2025-2026 Legislative Session

Relates to permitting amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects

download bill text pdf

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2025	referred to judiciary

2025-S7735 (ACTIVE) - Details

See Assembly Version of this Bill:: A8047
Current Committee:: Senate Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §11, Ct Claims Act

2025-S7735 (ACTIVE) - Summary

Permits amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects and the dismissal of a claim based upon claimant's failure to comply with jurisdictional pleading requirements.

2025-S7735 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7735

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the court of claims act, in relation to permitting
amendment of a claim or notice of intention to file a claim to correct
jurisdictional pleading defects and to provide for a procedure for the
dismissal of a claim based upon claimant's failure to comply with juris-
dictional pleading requirements

 
PURPOSE OR GENERAL IDEA OF BILL:

This measure would supply a procedure for a claimant to amend their
claim in order to comply with Court of Claims pleading requirements.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Court of Claims Act ("CCA") § 11(b) to
permit an amendment to a claim to be made within 20 days of service,
before the response period ends, or within 20 days of a responsive
pleading based on failure to comply with Court of Claims pleading

requirements, if the amendment is served and filed within the statute of
limitations applicable in a similar civil claim.

The bill also allows for an application for late leave to amend the
claim before the governing statute of limitations has expired or follow-
ing a motion to dismiss based on failure to comply with Court of Claims
pleading requirements. The bill establishes factors that the Court must
consider when evaluating the claimant's failure to comply with the
pleading requirements. The bill also addresses how the amendments must
relate back to the underlying claim.

The bill establishes a procedure for claims filed before this bill would
take effect.

Section 2 of the bill amends CCA § 11(c) to waive objections based on
the claimant's failure to meet the pleading requirements in section 1 of
the bill for claims served after the bill would take effect unless
raised in motion to dismiss and establishes the timeframe for making
such motions to dismiss.

Section 3 contains an effective date of 90 days after the bill is
enacted into law.

 
JUSTIFICATION:

This proposal addresses circumstances where a claim is timely served and
filed but requires an amendment to avoid the dismissal of a potentially
meritorious case for purely procedural reasons. The need for a provision
to allow for amending a timely served notice or served and filed claim
is demonstrated by Constable v. State of New York, 172 A.D. 3d 681
(Second.Dept. 2019), where the claim was dismissed because the notice of
intention and claim failed to adequately describe the location of the
alleged accident. As noted in the decision, the State's motion seeking
dismissal was filed six months after the last deposition was conducted,
but no legal authority required the State to move for dismissal within a
specified time. In another case, Hyatt v. State of New York, 63 Misc.3d
1205(A) (U), the claimant's action was dismissed because he had incor-
rectly described the location of the automobile accident in his other-
wise timely notice of intention and claim. The claimant had relied on
incorrect information provided in the report issued by the New York
State Police which had investigated the accident. The claimant's subse-
quent attorneys discovered the mistake, and the claimant sought permis-
sion to serve an amended notice of intention to file a claim and moved
to serve and file a late claim. The Court of Claims noted that there was
no provision in the CCA for service of an amended notice of intentionòto
file a claim. Instead, the Court weighed the factors set forth in CCA §
10(6) and denied the application to file a late claim. The decision was
affirmed by the

Second Department (180 A.D.3d 764). The more stringent requirements for
filing a late claim under CCA § 10(6) are not available even to a claim-
ant who has timely served or filed initially unless an application is
made within the prescribed statute of limitations.  This measure would
ensure that a claimant who has timely served and filed a claim is not
precluded from correcting the good faith error or omission solely
because the statute of limitations has run. This measure is intended to
provide a remedy in the interest of justice to a claimant who timely
serves a notice of intention or serves and files .a claim which contains
a particularity defect that caused no prejudice to the State.

While the Governor vetoed other legislation in 2024 (Veto 40, UCS-66),
this new bill addresses the concerns that the Governor raised in her
veto message that the other bill would allow claimants to amend their
notice of intention or claim without restrictions on time or reasons "in
ways that are inconsistent with the limited jurisdiction of the Court of
Claims." Specifically, this new bill establishes detailed procedures on
how and when claimants can amend their claim in addition to 'factors for
the Court of Claims to consider when evaluating motions for leave to
amend. By detailing these procedures, the new bill creates guardrails
for late amendments, which will allow for additional information to
advance both parties' ability to litigate claims more thoroughly without
limiting the State's ability to defend itself adequately on monetary
tort claims.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7735 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7735
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the court of  claims  act,  in  relation  to  permitting
   amendment of a claim or notice of intention to file a claim to correct
   jurisdictional pleading defects and to provide for a procedure for the
   dismissal  of  a  claim  based  upon claimant's failure to comply with
   jurisdictional pleading requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision b of section 11 of the court of claims act, as
 amended by chapter 606 of the laws  of  2007,  is  amended  to  read  as
 follows:
   b.  (I) The claim shall state the time when and place where such claim
 arose, the nature of same, the items of damage or  injuries  claimed  to
 have  been  sustained  and,  except  in an action to recover damages for
 personal injury, medical, dental or podiatric  malpractice  or  wrongful
 death, the total sum claimed. A claim for the appropriation by the state
 of  lands,  or any right, title or interest in or to lands shall include
 an inventory or itemized  statement  of  fixtures,  if  any,  for  which
 compensation  is  claimed. The notice of intention to file a claim shall
 set forth the same matters except that the items of damage  or  injuries
 and  the  sum claimed need not be stated. The claim and notice of inten-
 tion to file a claim shall be verified in the same manner as a complaint
 in an action in the supreme court.
   (II) NOTWITHSTANDING THE FAILURE OF A CLAIM TO COMPLY WITH THE  PLEAD-
 ING  REQUIREMENTS  OF  PARAGRAPH (I) OF THIS SUBDIVISION, A CLAIMANT WHO
 HAS FILED A CLAIM ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL
 BE PERMITTED TO:
   (A) AMEND THE CLAIM TO CORRECT ANY SUCH FAILURE WITHOUT LEAVE OF COURT
 WITHIN TWENTY DAYS AFTER ITS SERVICE, OR AT ANY TIME BEFORE  THE  PERIOD
 FOR  RESPONDING  TO IT EXPIRES, OR WITHIN TWENTY DAYS AFTER SERVICE OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11698-03-5

 S. 7735                             2
 
 RESPONSIVE PLEADING OR MOTION TO DISMISS THE CLAIM MADE  BEFORE  SERVICE
 OF  THE  RESPONSIVE PLEADING THAT CONTAINS AN OBJECTION OR DEFENSE BASED
 UPON THE FAILURE TO COMPLY WITH THE PLEADING REQUIREMENTS SET  FORTH  IN
 PARAGRAPH  (I)  OF  THIS  SUBDIVISION,  PROVIDED THAT ANY SUCH AMENDMENT
 SHALL BE FILED AND SERVED  BEFORE  AN  ACTION  ASSERTING  A  LIKE  CLAIM
 AGAINST  A  CITIZEN OF THE STATE WOULD BE BARRED UNDER THE PROVISIONS OF
 ARTICLE TWO OF THE CIVIL PRACTICE LAW AND RULES;
   (B) MAKE AN APPLICATION FOR LEAVE TO AMEND THE CLAIM  TO  CORRECT  ANY
 SUCH FAILURE AT ANY TIME BEFORE AN ACTION ASSERTING A LIKE CLAIM AGAINST
 A  CITIZEN  OF THE STATE WOULD BE BARRED UNDER THE PROVISIONS OF ARTICLE
 TWO OF THE CIVIL PRACTICE LAW AND RULES, OR WITHIN FORTY DAYS AFTER  THE
 SERVICE  OF  A  MOTION  TO DISMISS THAT CONTAINS AN OBJECTION OR DEFENSE
 BASED UPON THE FAILURE OF THE CLAIM TO COMPLY WITH THE PLEADING REQUIRE-
 MENTS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION.  ANY SUCH APPLICA-
 TION SHALL BE ACCOMPANIED BY THE PROPOSED AMENDED CLAIM CLEARLY  SHOWING
 THE CHANGES OR ADDITIONS TO BE MADE TO THE CLAIM.  IN DETERMINING WHETH-
 ER  TO  GRANT  THE  APPLICATION  PURSUANT TO THIS SUBDIVISION, THE COURT
 SHALL CONSIDER, AMONG  OTHER  FACTORS,  WHETHER  CLAIMANT'S  FAILURE  TO
 COMPLY WITH THE PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I) OF THIS
 SUBDIVISION  WAS  EXCUSABLE; WHETHER THE DELAY IN MAKING THE APPLICATION
 PURSUANT TO THIS SUBPARAGRAPH  WAS  EXCUSABLE;  WHETHER  THE  STATE  HAD
 NOTICE  OF THE ESSENTIAL FACTS CONSTITUTING THE CLAIM; WHETHER THE STATE
 HAD AN OPPORTUNITY  TO  INVESTIGATE  THE  CIRCUMSTANCES  UNDERLYING  THE
 AMENDMENTS  PROPOSED  TO  BE  MADE BY THE AMENDED CLAIM; AND WHETHER THE
 FAILURE TO FILE OR SERVE UPON THE ATTORNEY GENERAL A CLAIM THAT COMPLIED
 WITH THE PLEADING REQUIREMENTS OF  PARAGRAPH  (I)  OF  THIS  SUBDIVISION
 RESULTED  IN  SUBSTANTIAL PREJUDICE TO THE STATE. ANY AMENDMENT ASSERTED
 IN AN AMENDED CLAIM THAT IS PERMITTED TO BE FILED AND SERVED PURSUANT TO
 THIS SUBPARAGRAPH IS DEEMED TO HAVE BEEN  INTERPOSED  AT  THE  TIME  THE
 CLAIM  WAS  FILED AND SERVED, UNLESS THE ORIGINAL CLAIM DOES NOT PROVIDE
 DEFENDANT WITH NOTICE OF THE  TRANSACTIONS,  OCCURRENCES  OR  SERIES  OF
 TRANSACTIONS OR OCCURRENCES TO BE PROVED PURSUANT TO THE AMENDED CLAIM.
   (III) NOTWITHSTANDING THE FAILURE OF A CLAIM TO COMPLY WITH THE PLEAD-
 ING  REQUIREMENTS  OF  PARAGRAPH (I) OF THIS SUBDIVISION, A CLAIMANT WHO
 HAS FILED  A CLAIM BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL  BE
 PERMITTED TO:
   (A)  WHERE THE CLAIM WAS SERVED LESS THAN FORTY DAYS BEFORE THE EFFEC-
 TIVE DATE OF THIS PARAGRAPH, AMEND THE CLAIM TO CORRECT ANY SUCH FAILURE
 WITHOUT LEAVE OF COURT WITHIN TWENTY DAYS AFTER ITS SERVICE, OR  AT  ANY
 TIME  BEFORE  THE  PERIOD FOR RESPONDING TO IT EXPIRES, OR WITHIN TWENTY
 DAYS AFTER SERVICE OF A RESPONSIVE PLEADING OR  MOTION  TO  DISMISS  THE
 CLAIM  MADE  BEFORE  SERVICE OF THE RESPONSIVE PLEADING THAT CONTAINS AN
 OBJECTION OR DEFENSE BASED UPON THE FAILURE TO COMPLY WITH THE  PLEADING
 REQUIREMENTS SET FORTH IN THIS SUBDIVISION;
   (B)  MAKE  AN  APPLICATION FOR LEAVE TO AMEND THE CLAIM TO CORRECT ANY
 SUCH FAILURE AT ANY TIME BEFORE AN ACTION ASSERTING A LIKE CLAIM AGAINST
 A CITIZEN OF THE STATE WOULD BE BARRED UNDER THE PROVISIONS  OF  ARTICLE
 TWO  OF  THE  CIVIL  PRACTICE  LAW  AND RULES, OR WITHIN ONE YEAR OF THE
 EFFECTIVE DATE OF THIS PARAGRAPH, WHICHEVER IS LATER. ANY SUCH  APPLICA-
 TION  SHALL BE ACCOMPANIED BY THE PROPOSED AMENDED CLAIM CLEARLY SHOWING
 THE CHANGES OR ADDITIONS TO BE MADE TO THE CLAIM. IN DETERMINING WHETHER
 TO GRANT THE APPLICATION PURSUANT TO THIS SUBDIVISION, THE  COURT  SHALL
 CONSIDER, AMONG OTHER FACTORS, WHETHER CLAIMANT'S FAILURE TO COMPLY WITH
 THE PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION
 WAS  EXCUSABLE;  WHETHER THE DELAY IN MAKING THE APPLICATION PURSUANT TO
 THIS SUBPARAGRAPH WAS EXCUSABLE; WHETHER THE STATE  HAD  NOTICE  OF  THE
 S. 7735                             3
 
 ESSENTIAL  FACTS CONSTITUTING THE CLAIM; WHETHER THE STATE HAD AN OPPOR-
 TUNITY  TO  INVESTIGATE  THE  CIRCUMSTANCES  UNDERLYING  THE  AMENDMENTS
 PROPOSED  TO  BE  MADE  BY THE AMENDED CLAIM; AND WHETHER THE FAILURE TO
 FILE  OR  SERVE UPON THE ATTORNEY GENERAL A CLAIM THAT COMPLIED WITH THE
 PLEADING REQUIREMENTS OF THIS SUBDIVISION RESULTED IN SUBSTANTIAL PREJU-
 DICE TO THE STATE. ANY AMENDMENT ASSERTED IN AN AMENDED  CLAIM  THAT  IS
 PERMITTED TO BE FILED AND SERVED PURSUANT TO THIS SUBPARAGRAPH IS DEEMED
 TO  HAVE  BEEN  INTERPOSED  AT  THE TIME THE CLAIM WAS FILED AND SERVED,
 UNLESS THE ORIGINAL CLAIM DOES NOT PROVIDE DEFENDANT WITH NOTICE OF  THE
 TRANSACTIONS,  OCCURRENCES  OR SERIES OF TRANSACTIONS OR OCCURRENCES, TO
 BE PROVED PURSUANT TO THE AMENDED CLAIM.
   (IV) A CLAIMANT WHO HAS SERVED A NOTICE OF INTENTION TO FILE  A  CLAIM
 ON  OR  AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE PERMITTED TO
 AMEND THE NOTICE OF INTENTION TO FILE A CLAIM TO CORRECT ANY FAILURE  TO
 COMPLY WITH THE PLEADING REQUIREMENTS OF THIS SUBDIVISION  AT  ANY  TIME
 WITHIN  THE  PERIOD  OF TIME TO SERVE SUCH NOTICE OF INTENTION TO FILE A
 CLAIM PURSUANT TO SECTION TEN OF THIS ACT.
   § 2. Subdivision c of section 11  of  the  court  of  claims  act,  as
 amended  by  chapter  223  of  the  laws  of 2007, is amended to read as
 follows:
   c. (I) Any objection or defense based  upon  failure  to  comply  with
 [(i)]  (A)  the  time  limitations contained in section ten of this act,
 [(ii)] (B) the manner of service requirements set forth in subdivision a
 of this section, or [(iii)] (C) the  verification  requirements  as  set
 forth  in  subdivision  b  of this section is waived unless raised, with
 particularity, either by a motion to dismiss made before service of  the
 responsive pleading is required or in the responsive pleading, and if so
 waived  the  court  shall  not  dismiss  the claim for such failure. FOR
 CLAIMS SERVED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS
 OF   TWO  THOUSAND  TWENTY-FIVE  WHICH  AMENDED  THIS  SUBDIVISION,  ANY
 OBJECTION OR DEFENSE THAT ASSERTS THAT THE CLAIM FAILS ON  ITS  FACE  TO
 COMPLY  WITH THE PLEADING REQUIREMENTS OF PARAGRAPH (I) OF SUBDIVISION B
 OF THIS SECTION, OR THAT THE CLAIM FAILS  TO  INCLUDE  ANY  ONE  OF  THE
 PLEADING  REQUIREMENTS  SET  FORTH  IN PARAGRAPH (I) OF SUBDIVISION B OF
 THIS SECTION, IS WAIVED UNLESS RAISED, EITHER BY  A  MOTION  TO  DISMISS
 MADE BEFORE THE SERVICE OF THE RESPONSIVE PLEADING IS REQUIRED OR IN THE
 RESPONSIVE  PLEADING,  AND  IF SO WAIVED THE COURT SHALL NOT DISMISS THE
 CLAIM FOR SUCH FAILURE.
   (II) A MOTION TO DISMISS THE CLAIM THAT ASSERTS THAT THE CLAIM OR  THE
 NOTICE  OF  INTENTION  TO FILE A CLAIM FAILS TO COMPLY WITH THE PLEADING
 REQUIREMENTS IN PARAGRAPH (I) OF SUBDIVISION B OF THIS SECTION  MUST  BE
 MADE  NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE FILING OF THE NOTE
 OF ISSUE, OR NO EARLIER THAN THIRTY DAYS BEFORE TRIAL WHERE  A  NOTE  OF
 ISSUE IS NOT REQUIRED TO BE FILED.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.