§ 17 — Examinations before trial

§ 17. Examinations before trial. 1. By the state. The\nattorney-general, upon five days' notice to the attorney for the\nclaimant or to the claimant if there be no attorney, may require any\nperson filing a notice of claim for any cause whatever against the state\nto be sworn before him or one of his deputies or assistants within the\ncounty of the claimant's residence, relating to such claim, and when so\nsworn, to answer orally as to any facts relative to the justness of such\nclaim. In any such claim brought for personal injuries where the state\nshall have availed itself of an examination pursuant to section\nseventeen-a of this article the state shall not be entitled to an\nexamination upon oral questions. Whenever any claim for the\nappropriation of property is pending or has been determined in the court\nof claims and the attorney-general is required by law to examine the\ntitle of the claimant thereto, prior to the payment of an award, the\nattorney-general may require such claimant to be sworn before him or one\nof his deputies or assistants within the county of the claimant's\nresidence, or if the claimant be a corporation within the county where\nits principal place of business in this state is located, or if the\nclaimant be a non-resident within the county where the property is\nsituated, relating to such title, and when so sworn, to answer orally as\nto any facts relative to the title of such property. The\nattorney-general may also require such claimant to file with him an\naffidavit stating any material facts relating to such title. Wilful\nfalse swearing before the attorney-general or his deputy or assistant is\nperjury and punishable as such.\n 2. By the claimant. Examination before trial by the claimant shall be\navailable as provided in subdivision (f) of section thirty-one hundred\ntwo of the civil practice law and rules.\n