§ 10 — Time of filing claims and notices of intention to file claims

New York § 10

• Jurisdiction: New York
• Law CTC: Court of Claims
• Art. 2: Jurisdiction

Text

§ 10. Time of filing claims and notices of intention to file claims.\nNo judgment shall be granted in favor of any claimant unless such\nclaimant shall have complied with the provisions of this section\napplicable to his claim.\n 1. A claim for the appropriation by the state of lands, or any right,\ntitle or interest in or to lands shall be filed within three years after\nthe accrual of such claim, or where title is vested by the filing of a\ndescription and map in the office of the county clerk or register, then\nwithin three years after personal service of a copy of such description\nand map and notice of filing thereof or if personal service cannot be\nmade within the state, then within three years after the filing of the\ndescription and map and the recording of notice of filing thereof.\n 2. A claim by an executor or administrator of a decedent who left him\nor her surviving a husband, wife or next of kin, for damages for a\nwrongful act, neglect or default, on the part of the state by which the\ndecedent's death was caused, shall be filed and served upon the attorney\ngeneral within ninety days after the appointment of such executor or\nadministrator, unless the claimant shall within such time serve upon the\nattorney general a written notice of intention to file a claim therefor,\nin which event the claim shall be filed and served upon the attorney\ngeneral within two years after the death of the decedent. In any event\nsuch claim shall be filed and served upon the attorney general within\ntwo years after the death of the decedent.\n 3. A claim to recover damages for injuries to property or for personal\ninjuries caused by the negligence or unintentional tort of an officer or\nemployee of the state while acting as such officer or employee, shall be\nfiled and served upon the attorney general within ninety days after the\naccrual of such claim, unless the claimant shall within such time serve\nupon the attorney general a written notice of intention to file a claim\ntherefor, in which event the claim shall be filed and served upon the\nattorney general within two years after the accrual of such claim.\n 3-a. A claim to recover damages for injuries to property or for\npersonal injuries caused by the negligence or unintentional tort of a\nmember of the organized militia or of an employee in the division of\nmilitary and naval affairs of the executive department, shall be filed\nand served upon the attorney general within ninety days after the\naccrual of such claim, unless the claimant shall within such time serve\nupon the attorney general a written notice of intention to file a claim\ntherefor, in which event the claim shall be filed and served upon the\nattorney general within two years after the accrual of such claim.\n 3-b. A claim to recover damages for injuries to property or for\npersonal injuries caused by the intentional tort of an officer or\nemployee of the state while acting as such officer or employee, or of a\nmember of the organized militia or of an employee in the division of\nmilitary and naval affairs of the executive department, shall be filed\nand served upon the attorney general within ninety days after the\naccrual of such claim, unless the claimant shall within such time serve\nupon the attorney general a written notice of intention to file a claim\ntherefor, in which event the claim shall be filed and served upon the\nattorney general within one year after the accrual of such claim.\n 4. A claim for breach of contract, express or implied, and any other\nclaim not otherwise provided for by this section, over which\njurisdiction has been conferred upon the court of claims, shall be filed\nand served upon the attorney general within six months after the accrual\nof such claim, unless the claimant shall within such time serve upon the\nattorney general a written notice of intention to file a claim therefor,\nin which event the claim shall be filed and served upon the attorney\ngeneral within two years after such accrual.\n 5. If the claimant shall be under legal disability, the claim may be\npresented within two years after such disability is removed.\n 6. A claimant who fails to file or serve upon the attorney general a\nclaim or to serve upon the attorney general a notice of intention, as\nprovided in the foregoing subdivisions, within the time limited therein\nfor filing or serving upon the attorney general the claim or notice of\nintention, may, nevertheless, in the discretion of the court, be\npermitted to file such claim at any time before an action asserting a\nlike claim against a citizen of the state would be barred under the\nprovisions of article two of the civil practice law and rules. For the\npurpose of this subdivision, a claim against the state arising under\nsubdivision one of this section shall be deemed an action upon an\nimplied contractual obligation. The application for such permission\nshall be made upon motion returnable at any regular or special session\nof the court and may be heard and determined by any judge thereof. The\nclaim proposed to be filed, containing all of the information set forth\nin section eleven of this act, shall accompany such application. In\ndetermining whether to permit the filing of a claim pursuant to this\nsubdivision, the court shall consider, among other factors, whether the\ndelay in filing the claim was excusable; whether the state had notice of\nthe essential facts constituting the claim; whether the state had an\nopportunity to investigate the circumstances underlying the claim;\nwhether the claim appears to be meritorious; whether the failure to file\nor serve upon the attorney general a timely claim or to serve upon the\nattorney general a notice of intention resulted in substantial prejudice\nto the state; and whether the claimant has any other available remedy.\n 7. For the purposes of subdivision three of this section, a claim\nagainst the state which would be governed by section two hundred\nfourteen-c of the civil practice law and rules if it were asserted\nagainst a citizen of the state shall be deemed to have accrued on the\ndate of discovery of the injury by the claimant or on the date when\nthrough the exercise of reasonable diligence the injury should have been\ndiscovered by the claimant, whichever is earlier.\n 8. (a) A claimant who timely serves a notice of intention but who\nfails to timely serve or file a claim may, nevertheless, apply to the\ncourt for permission to treat the notice of intention as a claim. The\ncourt shall not grant such application unless: it is made upon motion\nbefore an action asserting a like claim against a citizen of the state\nwould be barred under the provisions of article two of the civil\npractice law and rules; the notice of intention was timely served, and\ncontains facts sufficient to constitute a claim; and the granting of the\napplication would not prejudice the defendant.\n (b) An application by a claimant whose time to commence an action\nagainst a citizen of the state would be extended or tolled by reason of\nany of the provisions contained in article two of the civil practice law\nand rules shall be considered timely if the application has been made\nprior to the expiration of the limitation period for filing as extended\nby reason of the provisions of article two of the civil practice law and\nrules.\n * 9. A claim of any incarcerated individual in the custody of the\ndepartment of corrections and community supervision for recovery of\ndamages for injury to or loss of personal property may not be filed\nunless and until the incarcerated individual has exhausted the personal\nproperty claims administrative remedy, established for incarcerated\nindividuals by the department. Such claim must be filed and served\nwithin one hundred twenty days after the date on which the incarcerated\nindividual has exhausted such remedy.\n * NB Expires September 1, 2027\n 10. Notwithstanding any provision of law to the contrary, this section\nshall not apply to: (i) any claim to recover damages for physical,\npsychological, or other injury or condition suffered as a result of\nconduct which would constitute a sexual offense as defined in article\none hundred thirty of the penal law committed against a child less than\neighteen years of age, incest as defined in section 255.27, 255.26 or\n255.25 of the penal law committed against a child less than eighteen\nyears of age, or the use of a child in a sexual performance as defined\nin section 263.05 of the penal law committed against a child less than\neighteen years of age; or\n (ii) any civil claim or cause of action revived pursuant to section\ntwo hundred fourteen-j of the civil practice law and rules.\n 11. Notwithstanding any provision of law to the contrary, this section\nshall not apply to any civil claims or causes of action brought by any\nperson to recover damages for physical, psychological, or other injury\nor condition suffered while in custody pursuant to section two hundred\neight-a of the civil practice law and rules.\n