Section 11. Filing, service and contents of claim or notice of intention  


Latest version.
  • a.
      * (i)  The claim shall be filed with the clerk of the court; and, except
      in the case of a claim for the appropriation by the state  of  lands,  a
      copy  shall  be  served  upon  the  attorney  general  within  the times
      hereinbefore provided for filing with the  clerk  of  the  court  either
      personally  or  by  certified  mail, return receipt requested, or, where
      authorized by rule of the chief administrator of  the  courts  and  upon
      consent of the attorney general, by facsimile transmission or electronic
      means, as defined in subdivision (f) of rule twenty-one hundred three of
      the  civil  practice law and rules, in such manner as may be provided by
      rule of court. Any notice of intention shall be  similarly  served  upon
      the  attorney general within the times hereinbefore provided for service
      upon the attorney general. Service by  certified  mail,  return  receipt
      requested,  upon  the  attorney  general shall not be complete until the
      claim or notice of intention is received in the office of  the  attorney
      general. Personal service upon the attorney general shall be made in the
      same  manner  as  described  in section three hundred seven of the civil
      practice law and rules.
        * NB Effective until September 1, 2009
        * (i) The claim shall be filed with  the  clerk  of  the  court;  and,
      except  in  the  case  of  a claim for the appropriation by the state of
      lands, a copy shall be served personally or by  certified  mail,  return
      receipt   requested,   upon   the  attorney  general  within  the  times
      hereinbefore provided for filing with the clerk of the court. Any notice
      of intention shall be served personally or  by  certified  mail,  return
      receipt   requested,   upon   the  attorney  general  within  the  times
      hereinbefore provided for service upon the attorney general. Service  by
      certified  mail,  return  receipt  requested,  upon the attorney general
      shall not be complete until the claim or notice of intention is received
      in the office  of  the  attorney  general.  Personal  service  upon  the
      attorney  general  shall  be  made  in  the  same manner as described in
      section three hundred seven of the civil practice law and rules.
        * NB Effective September 1, 2009
        (ii) In any action brought in the court of claims against the New York
      state thruway authority, the city university of New  York,  or  the  New
      York  state  power  authority,  a  copy  of  the  claim  shall be served
      personally or by certified mail, return  receipt  requested,  upon  such
      defendant,  in  addition  to  the  attorney  general,  within  the times
      hereinbefore provided for filing with the clerk of the  court,  and  any
      notice  of  intention  shall  be served personally or by certified mail,
      return receipt requested,  upon  such  defendant,  in  addition  to  the
      attorney  general,  within  the  times hereinbefore provided for service
      upon the attorney general. Service by  certified  mail,  return  receipt
      requested,  shall not be complete until the claim or notice of intention
      is received by the defendant. Personal service upon any defendant  shall
      be  made  in  the same manner as described in the civil practice law and
      rules.
        b. The claim shall state the time when  and  place  where  such  claim
      arose,  the  nature  of same, the items of damage or injuries claimed to
      have been sustained and, except in an  action  to  recover  damages  for
      personal  injury,  medical,  dental or podiatric malpractice or wrongful
      death, the total sum claimed. A claim for the appropriation by the state
      of lands, or any right, title or interest in or to lands  shall  include
      an  inventory  or  itemized  statement  of  fixtures,  if any, for which
      compensation is claimed. The notice of intention to file a  claim  shall
      set  forth  the same matters except that the items of damage or injuries
      and the sum claimed  need  not  be  stated.  The  claim  and  notice  of
    
      intention  to  file  a  claim  shall be verified in the same manner as a
      complaint in an action in the supreme court.
        c.  Any objection or defense based upon failure to comply with (i) the
      time limitations contained in section ten of this act, (ii)  the  manner
      of  service  requirements set forth in subdivision a of this section, or
      (iii) the verification requirements as set forth  in  subdivision  b  of
      this  section  is  waived unless raised, with particularity, either by a
      motion to dismiss made before service  of  the  responsive  pleading  is
      required or in the responsive pleading, and if so waived the court shall
      not dismiss the claim for such failure.