§ 11 — Filing, service and contents of claim or notice of intention

New York § 11

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

Text

§ 11. Filing, service and contents of claim or notice of intention. a.\n(i) The claim shall be filed with the clerk of the court; and, except in\nthe case of a claim for the appropriation by the state of lands, a copy\nshall be served personally or by certified mail, return receipt\nrequested, upon the attorney general within the times hereinbefore\nprovided for filing with the clerk of the court. Any notice of intention\nshall be served personally or by certified mail, return receipt\nrequested, upon the attorney general within the times hereinbefore\nprovided for service upon the attorney general. Service by certified\nmail, return receipt requested, upon the attorney general shall not be\ncomplete until the claim or notice of intention is received in the\noffice of the attorney general. Personal service upon the attorney\ngeneral shall be made in the same manner as described in section three\nhundred seven of the civil practice law and rules.\n (ii) In any action brought in the court of claims against the New York\nstate thruway authority, the city university of New York, or the New\nYork state power authority, a copy of the claim shall be served\npersonally or by certified mail, return receipt requested, upon such\ndefendant, in addition to the attorney general, within the times\nhereinbefore provided for filing with the clerk of the court, and any\nnotice of intention shall be served personally or by certified mail,\nreturn receipt requested, upon such defendant, in addition to the\nattorney general, within the times hereinbefore provided for service\nupon the attorney general. Service by certified mail, return receipt\nrequested, shall not be complete until the claim or notice of intention\nis received by the defendant. Personal service upon any defendant shall\nbe made in the same manner as described in the civil practice law and\nrules.\n b. The claim shall state the time when and place where such claim\narose, the nature of same, the items of damage or injuries claimed to\nhave been sustained and, except in an action to recover damages for\npersonal injury, medical, dental or podiatric malpractice or wrongful\ndeath, the total sum claimed. A claim for the appropriation by the state\nof lands, or any right, title or interest in or to lands shall include\nan inventory or itemized statement of fixtures, if any, for which\ncompensation is claimed. The notice of intention to file a claim shall\nset forth the same matters except that the items of damage or injuries\nand the sum claimed need not be stated. The claim and notice of\nintention to file a claim shall be verified in the same manner as a\ncomplaint in an action in the supreme court.\n c. Any objection or defense based upon failure to comply with (i) the\ntime limitations contained in section ten of this act, (ii) the manner\nof service requirements set forth in subdivision a of this section, or\n(iii) the verification requirements as set forth in subdivision b of\nthis section is waived unless raised, with particularity, either by a\nmotion to dismiss made before service of the responsive pleading is\nrequired or in the responsive pleading, and if so waived the court shall\nnot dismiss the claim for such failure.\n d. Subdivision b of this section shall not apply to a claim brought by\nany person to recover damages for physical, psychological, or other\ninjury or condition suffered while in custody pursuant to section two\nhundred eight-a of the civil practice law and rules.\n