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.