§ 9 — Jurisdiction and powers of the court

New York § 9

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

Text

§ 9. Jurisdiction and powers of the court. The court shall have\njurisdiction: 1. To hear and determine all matters now pending in the\nsaid court of claims.\n 2. To hear and determine a claim of any person, corporation or\nmunicipality against the state for the appropriation of any real or\npersonal property or any interest therein, for the breach of contract,\nexpress or implied, or for the torts of its officers or employees while\nacting as such officers or employees, providing the claimant complies\nwith the limitations of this article. For the purposes of this act only,\na real property tax lien shall be deemed to be an interest in real\nproperty.\n 2-a. To hear and determine a claim of any person, corporation or\nmunicipality, against the state for the torts of members of the\norganized militia and the employees in the division of military and\nnaval affairs of the executive department, providing that the claim is\nencompassed by the waiver of immunity and assumption of liability\ncontained in section eight-a of this chapter, and providing, further,\nthat the claimant complies with the limitations of this article.\n 3. To hear and determine any claim in favor of the state against the\nclaimant, or against his assignor at the time of the assignment.\n 3-a. To hear and determine the claim for damages against the state for\nunjust conviction and imprisonment pursuant to section eight-b of this\narticle.\n 4. To render judgment in favor of the claimant or the state for such\nsum as should be paid by or to the state.\n 5. To order two or more claims growing out of the same set of facts to\nbe tried or heard together, with or without consolidation, whenever it\ncan be done without prejudice to a substantial right.\n 6. To order the interpleader of other parties known or unknown\nwhenever necessary for a complete determination of the claim or\ncounterclaim.\n 7. To provide for the perpetuation of testimony.\n 8. To open defaults; to vacate, amend, correct, or modify any process,\nclaim, order or judgment, in furtherance of justice for any error in\nform or substance; before entry of judgment, to reopen a trial and\npermit submission of further evidence; to grant a new trial upon any\ngrounds for which a new trial may be granted in the supreme court.\n 9. To establish rules for the government of the court and the\nregulation of practice therein and to prescribe the forms of procedure\nbefore it, in furtherance of the provisions of this act and not\ninconsistent with law, and except as otherwise provided by this act or\nby rules of this court or the civil practice law and rules, the practice\nshall be the same as in the supreme court.\n 9-a. To make a declaratory judgment as defined in section three\nthousand one of the civil practice law and rules with respect to any\ncontroversy involving the obligation of an insurer to indemnify or\ndefend a defendant in any action pending in the court of claims,\nprovided that the court shall have no jurisdiction to enter a judgment\nagainst an insurer pursuant to this subdivision either: (i) for money\ndamages; or, (ii) if the insurer would otherwise have a right to a jury\ntrial of the controversy with respect to which the declaratory judgment\nis sought.\n 10. To provide for the regular or special sessions of the court, for\nsuch terms and at such places as it may determine and to prepare the\ncalendar of cases therefor.\n 11. The court and the judges shall have all of the powers necessary to\ncarry out properly the jurisdiction granted and the duties imposed by\nthis act.\n 12. To hear and determine special proceedings for the distribution of\nmoneys deposited pursuant to subdivision (E) of section three hundred\nfour of the eminent domain procedure law.\n 13. To hear and determine a claim of any person against the state for\na retaliatory personnel action by its officers or employees pursuant to\nsection seventy-five-b of the civil service law or section seven hundred\nforty of the labor law.\n