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This entry was published on 2014-09-22
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SECTION 11
Filing, service and contents of claim or notice of intention
Court of Claims Act (CTC) CHAPTER 860, ARTICLE 2
§ 11. Filing, service and contents of claim or notice of intention. a.
(i) The claim shall be filed with the clerk of the court; and, except in
the case of a claim for the appropriation by the state of lands, a copy
shall be served personally or by certified mail, return receipt
requested, upon the attorney general within the times hereinbefore
provided for filing with the clerk of the court. Any notice of intention
shall be served personally or by certified mail, return receipt
requested, upon the attorney general within the times hereinbefore
provided for service upon the attorney general. Service by certified
mail, return receipt requested, upon the attorney general shall not be
complete until the claim or notice of intention is received in the
office of the attorney general. Personal service upon the attorney
general shall be made in the same manner as described in section three
hundred seven of the civil practice law and rules.

(ii) In any action brought in the court of claims against the New York
state thruway authority, the city university of New York, or the New
York state power authority, a copy of the claim shall be served
personally or by certified mail, return receipt requested, upon such
defendant, in addition to the attorney general, within the times
hereinbefore provided for filing with the clerk of the court, and any
notice of intention shall be served personally or by certified mail,
return receipt requested, upon such defendant, in addition to the
attorney general, within the times hereinbefore provided for service
upon the attorney general. Service by certified mail, return receipt
requested, shall not be complete until the claim or notice of intention
is received by the defendant. Personal service upon any defendant shall
be made in the same manner as described in the civil practice law and
rules.

b. 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
intention to file a claim shall be verified in the same manner as a
complaint in an action in the supreme court.

c. Any objection or defense based upon failure to comply with (i) the
time limitations contained in section ten of this act, (ii) the manner
of service requirements set forth in subdivision a of this section, or
(iii) 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.