Section 17. Examinations before trial  


Latest version.
  • 1.   By   the   state.  The
      attorney-general, upon  five  days'  notice  to  the  attorney  for  the
      claimant  or  to  the  claimant if there be no attorney, may require any
      person filing a notice of claim for any cause whatever against the state
      to be sworn before him or one of his deputies or assistants  within  the
      county  of the claimant's residence, relating to such claim, and when so
      sworn, to answer orally as to any facts relative to the justness of such
      claim. In any such claim brought for personal injuries where  the  state
      shall  have  availed  itself  of  an  examination  pursuant  to  section
      seventeen-a of this article the  state  shall  not  be  entitled  to  an
      examination   upon   oral   questions.   Whenever   any  claim  for  the
      appropriation of property is pending or has been determined in the court
      of claims and the attorney-general is required by  law  to  examine  the
      title  of  the  claimant  thereto, prior to the payment of an award, the
      attorney-general may require such claimant to be sworn before him or one
      of his deputies or  assistants  within  the  county  of  the  claimant's
      residence,  or  if the claimant be a corporation within the county where
      its principal place of business in this state  is  located,  or  if  the
      claimant  be  a  non-resident  within  the  county where the property is
      situated, relating to such title, and when so sworn, to answer orally as
      to  any  facts  relative  to   the   title   of   such   property.   The
      attorney-general  may  also  require  such  claimant to file with him an
      affidavit stating any material facts  relating  to  such  title.  Wilful
      false swearing before the attorney-general or his deputy or assistant is
      perjury and punishable as such.
        2.  By the claimant. Examination before trial by the claimant shall be
      available as provided in subdivision (f) of section  thirty-one  hundred
      two of the civil practice law and rules.