S 7735: Permits amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects and the dismissal of a claim based upon claimant's failure to comply with jurisdictional pleading requirements.

  
  STATE OF NEW YORK ________________________________________________________________________ 7735 2025-2026 Regular Sessions  IN SENATE May 2, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the court of claims act, in relation to permitting amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects and to provide for a procedure for the dismissal of a claim based upon claimant's failure to comply with jurisdictional pleading requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision b of section 11 of the court of claims act, as 2 amended by chapter 606 of the laws of 2007, is amended to read as 3 follows: 4 b. (i) The claim shall state the time when and place where such claim 5 arose, the nature of same, the items of damage or injuries claimed to 6 have been sustained and, except in an action to recover damages for 7 personal injury, medical, dental or podiatric malpractice or wrongful 8 death, the total sum claimed. A claim for the appropriation by the state 9 of lands, or any right, title or interest in or to lands shall include 10 an inventory or itemized statement of fixtures, if any, for which 11 compensation is claimed. The notice of intention to file a claim shall 12 set forth the same matters except that the items of damage or injuries 13 and the sum claimed need not be stated. The claim and notice of inten- 14 tion to file a claim shall be verified in the same manner as a complaint 15 in an action in the supreme court. 16 (ii) Notwithstanding the failure of a claim to comply with the plead- 17 ing requirements of paragraph (i) of this subdivision, a claimant who 18 has filed a claim on or after the effective date of this paragraph shall 19 be permitted to: 20 (A) amend the claim to correct any such failure without leave of court 21 within twenty days after its service, or at any time before the period 22 for responding to it expires, or within twenty days after service of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11698-03-5 
 S. 7735 2 1 responsive pleading or motion to dismiss the claim made before service 2 of the responsive pleading that contains an objection or defense based 3 upon the failure to comply with the pleading requirements set forth in 4 paragraph (i) of this subdivision, provided that any such amendment 5 shall be filed and served before an action asserting a like claim 6 against a citizen of the state would be barred under the provisions of 7 article two of the civil practice law and rules; 8 (B) make an application for leave to amend the claim to correct any 9 such failure at any time before an action asserting a like claim against 10 a citizen of the state would be barred under the provisions of article 11 two of the civil practice law and rules, or within forty days after the 12 service of a motion to dismiss that contains an objection or defense 13 based upon the failure of the claim to comply with the pleading require- 14 ments set forth in paragraph (i) of this subdivision. Any such applica- 15 tion shall be accompanied by the proposed amended claim clearly showing 16 the changes or additions to be made to the claim. In determining wheth- 17 er to grant the application pursuant to this subdivision, the court 18 shall consider, among other factors, whether claimant's failure to 19 comply with the pleading requirements set forth in paragraph (i) of this 20 subdivision was excusable; whether the delay in making the application 21 pursuant to this subparagraph was excusable; whether the state had 22 notice of the essential facts constituting the claim; whether the state 23 had an opportunity to investigate the circumstances underlying the 24 amendments proposed to be made by the amended claim; and whether the 25 failure to file or serve upon the attorney general a claim that complied 26 with the pleading requirements of paragraph (i) of this subdivision 27 resulted in substantial prejudice to the state. Any amendment asserted 28 in an amended claim that is permitted to be filed and served pursuant to 29 this subparagraph is deemed to have been interposed at the time the 30 claim was filed and served, unless the original claim does not provide 31 defendant with notice of the transactions, occurrences or series of 32 transactions or occurrences to be proved pursuant to the amended claim. 33 (iii) Notwithstanding the failure of a claim to comply with the plead- 34 ing requirements of paragraph (i) of this subdivision, a claimant who 35 has filed a claim before the effective date of this paragraph shall be 36 permitted to: 37 (A) where the claim was served less than forty days before the effec- 38 tive date of this paragraph, amend the claim to correct any such failure 39 without leave of court within twenty days after its service, or at any 40 time before the period for responding to it expires, or within twenty 41 days after service of a responsive pleading or motion to dismiss the 42 claim made before service of the responsive pleading that contains an 43 objection or defense based upon the failure to comply with the pleading 44 requirements set forth in this subdivision; 45 (B) make an application for leave to amend the claim to correct any 46 such failure at any time before an action asserting a like claim against 47 a citizen of the state would be barred under the provisions of article 48 two of the civil practice law and rules, or within one year of the 49 effective date of this paragraph, whichever is later. Any such applica- 50 tion shall be accompanied by the proposed amended claim clearly showing 51 the changes or additions to be made to the claim. In determining whether 52 to grant the application pursuant to this subdivision, the court shall 53 consider, among other factors, whether claimant's failure to comply with 54 the pleading requirements set forth in paragraph (i) of this subdivision 55 was excusable; whether the delay in making the application pursuant to 56 this subparagraph was excusable; whether the state had notice of the 
 S. 7735 3 1 essential facts constituting the claim; whether the state had an oppor- 2 tunity to investigate the circumstances underlying the amendments 3 proposed to be made by the amended claim; and whether the failure to 4 file or serve upon the attorney general a claim that complied with the 5 pleading requirements of this subdivision resulted in substantial preju- 6 dice to the state. Any amendment asserted in an amended claim that is 7 permitted to be filed and served pursuant to this subparagraph is deemed 8 to have been interposed at the time the claim was filed and served, 9 unless the original claim does not provide defendant with notice of the 10 transactions, occurrences or series of transactions or occurrences, to 11 be proved pursuant to the amended claim. 12 (iv) A claimant who has served a notice of intention to file a claim 13 on or after the effective date of this paragraph shall be permitted to 14 amend the notice of intention to file a claim to correct any failure to 15 comply with the pleading requirements of this subdivision at any time 16 within the period of time to serve such notice of intention to file a 17 claim pursuant to section ten of this act. 18 § 2. Subdivision c of section 11 of the court of claims act, as 19 amended by chapter 223 of the laws of 2007, is amended to read as 20 follows: 21 c. (i) Any objection or defense based upon failure to comply with 22 [(i)] (A) the time limitations contained in section ten of this act, 23 [(ii)] (B) the manner of service requirements set forth in subdivision a 24 of this section, or [(iii)] (C) the verification requirements as set 25 forth in subdivision b of this section is waived unless raised, with 26 particularity, either by a motion to dismiss made before service of the 27 responsive pleading is required or in the responsive pleading, and if so 28 waived the court shall not dismiss the claim for such failure. For 29 claims served on or after the effective date of the chapter of the laws 30 of two thousand twenty-five which amended this subdivision, any 31 objection or defense that asserts that the claim fails on its face to 32 comply with the pleading requirements of paragraph (i) of subdivision b 33 of this section, or that the claim fails to include any one of the 34 pleading requirements set forth in paragraph (i) of subdivision b of 35 this section, is waived unless raised, either by a motion to dismiss 36 made before the service of the responsive pleading is required or in the 37 responsive pleading, and if so waived the court shall not dismiss the 38 claim for such failure. 39 (ii) A motion to dismiss the claim that asserts that the claim or the 40 notice of intention to file a claim fails to comply with the pleading 41 requirements in paragraph (i) of subdivision b of this section must be 42 made no later than one hundred twenty days after the filing of the note 43 of issue, or no earlier than thirty days before trial where a note of 44 issue is not required to be filed. 45 § 3. This act shall take effect on the ninetieth day after it shall 46 have become a law.