Senate Bill S9792

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 - On Floor Calendar

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2026	2nd report cal.
Apr 21, 2026	1st report cal.754
Apr 06, 2026	referred to judiciary

Votes

- Apr 21, 2026 - Judiciary Committee Vote
  S9792
  
  Aye
  
  18
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Judiciary Committee Vote: Apr 21, 2026
      
      aye (18)
      
      Bailey
      
      Bottcher
      
      Canzoneri-Fitzpatrick
      
      Cooney
      
      Gounardes
      
      Lanza
      
      Liu
      
      Martins
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Ramos
      
      Rhoads
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Zellner
      
      aye wr (1)
      
      O'Mara

co-Sponsors

2025-S9792 (ACTIVE) - Details

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

2025-S9792 (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-S9792 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9792

SPONSOR: SEPULVEDA
 
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 intention to
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 claimant 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 of 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:

S.7735 of 2025 (Hoylman-Sigal): Died in Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2025-S9792 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9792
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11698-05-6
 S. 9792                             2
 
 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
 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
 S. 9792                             3
 
 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-SIX 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.

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Senate Bill S9792

Sponsored By

Current Bill Status - On Floor Calendar

Actions

Votes

Apr 21, 2026 - Judiciary Committee Vote

Judiciary Committee Vote: Apr 21, 2026

co-Sponsors

2025-S9792 (ACTIVE) - Details

2025-S9792 (ACTIVE) - Summary

2025-S9792 (ACTIVE) - Sponsor Memo

2025-S9792 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - On Floor Calendar

Actions

Votes

co-Sponsors

Jessica Ramos

James Skoufis

2025-S9792 (ACTIVE) - Details

2025-S9792 (ACTIVE) - Summary

2025-S9792 (ACTIVE) - Sponsor Memo

2025-S9792 (ACTIVE) - Bill Text download pdf

Comments