New York S 7735: Relates to permitting amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects

Bill Text

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.   The claim shall state the time when and place where such claim(i)
     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  (underscored) is new; matter in bracketsitalics
                              [] 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 st