N.Y. Court of Claims Act § 10: Time of filing claims and notices of intention to file claims

§ 10. Time of filing claims and notices of intention to file claims.

No judgment shall be granted in favor of any claimant unless such

claimant shall have complied with the provisions of this section

applicable to his claim.

1. A claim for the appropriation by the state of lands, or any right,

title or interest in or to lands shall be filed within three years after

the accrual of such claim, or where title is vested by the filing of a

description and map in the office of the county clerk or register, then

within three years after personal service of a copy of such description

and map and notice of filing thereof or if personal service cannot be

made within the state, then within three years after the filing of the

description and map and the recording of notice of filing thereof.

2. A claim by an executor or administrator of a decedent who left him

or her surviving a husband, wife or next of kin, for damages for a

wrongful act, neglect or default, on the part of the state by which the

decedent's death was caused, shall be filed and served upon the attorney

general within ninety days after the appointment of such executor or

administrator, unless the claimant shall within such time serve upon the

attorney general a written notice of intention to file a claim therefor,

in which event the claim shall be filed and served upon the attorney

general within two years after the death of the decedent. In any event

such claim shall be filed and served upon the attorney general within

two years after the death of the decedent.

3. A claim to recover damages for injuries to property or for personal

injuries caused by the negligence or unintentional tort of an officer or

employee of the state while acting as such officer or employee, shall be

filed and served upon the attorney general within ninety days after the

accrual of such claim, unless the claimant shall within such time serve

upon the attorney general a written notice of intention to file a claim

therefor, in which event the claim shall be filed and served upon the

attorney general within two years after the accrual of such claim.

3-a. A claim to recover damages for injuries to property or for

personal injuries caused by the negligence or unintentional tort of a

member of the organized militia or of an employee in the division of

military and naval affairs of the executive department, shall be filed

and served upon the attorney general within ninety days after the

accrual of such claim, unless the claimant shall within such time serve

upon the attorney general a written notice of intention to file a claim

therefor, in which event the claim shall be filed and served upon the

attorney general within two years after the accrual of such claim.

3-b. A claim to recover damages for injuries to property or for

personal injuries caused by the intentional tort of an officer or

employee of the state while acting as such officer or employee, or of a

member of the organized militia or of an employee in the division of

military and naval affairs of the executive department, shall be filed

and served upon the attorney general within ninety days after the

accrual of such claim, unless the claimant shall within such time serve

upon the attorney general a written notice of intention to file a claim

therefor, in which event the claim shall be filed and served upon the

attorney general within one year after the accrual of such claim.

4. A claim for breach of contract, express or implied, and any other

claim not otherwise provided for by this section, over which

jurisdiction has been conferred upon the court of claims, shall be filed

and served upon the attorney general within six months after the accrual

of such claim, unless the claimant shall within such time serve upon the

attorney general a written notice of intention to file a claim therefor,

in which event the claim shall be filed and served upon the attorney

general within two years after such accrual.

5. If the claimant shall be under legal disability, the claim may be

presented within two years after such disability is removed.

6. A claimant who fails to file or serve upon the attorney general a

claim or to serve upon the attorney general a notice of intention, as

provided in the foregoing subdivisions, within the time limited therein

for filing or serving upon the attorney general the claim or notice of

intention, may, nevertheless, in the discretion of the court, be

permitted to file such claim at any time before an action asserting a

like claim against a citizen of the state would be barred under the

provisions of article two of the civil practice law and rules. For the

purpose of this subdivision, a claim against the state arising under

subdivision one of this section shall be deemed an action upon an

implied contractual obligation. The application for such permission

shall be made upon motion returnable at any regular or special session

of the court and may be heard and determined by any judge thereof. The

claim proposed to be filed, containing all of the information set forth

in section eleven of this act, shall accompany such application. In

determining whether to permit the filing of a claim pursuant to this

subdivision, the court shall consider, among other factors, whether the

delay in filing the claim was excusable; whether the state had notice of

the essential facts constituting the claim; whether the state had an

opportunity to investigate the circumstances underlying the claim;

whether the claim appears to be meritorious; whether the failure to file

or serve upon the attorney general a timely claim or to serve upon the

attorney general a notice of intention resulted in substantial prejudice

to the state; and whether the claimant has any other available remedy.

7. For the purposes of subdivision three of this section, a claim

against the state which would be governed by section two hundred

fourteen-c of the civil practice law and rules if it were asserted

against a citizen of the state shall be deemed to have accrued on the

date of discovery of the injury by the claimant or on the date when

through the exercise of reasonable diligence the injury should have been

discovered by the claimant, whichever is earlier.

8. (a) A claimant who timely serves a notice of intention but who

fails to timely serve or file a claim may, nevertheless, apply to the

court for permission to treat the notice of intention as a claim. The

court shall not grant such application unless: it is made upon motion

before an action asserting a like claim against a citizen of the state

would be barred under the provisions of article two of the civil

practice law and rules; the notice of intention was timely served, and

contains facts sufficient to constitute a claim; and the granting of the

application would not prejudice the defendant.

(b) An application by a claimant whose time to commence an action

against a citizen of the state would be extended or tolled by reason of

any of the provisions contained in article two of the civil practice law

and rules shall be considered timely if the application has been made

prior to the expiration of the limitation period for filing as extended

by reason of the provisions of article two of the civil practice law and

rules.

* 9. A claim of any incarcerated individual in the custody of the

department of corrections and community supervision for recovery of

damages for injury to or loss of personal property may not be filed

unless and until the incarcerated individual has exhausted the personal

property claims administrative remedy, established for incarcerated

individuals by the department. Such claim must be filed and served

within one hundred twenty days after the date on which the incarcerated

individual has exhausted such remedy.

* NB Expires September 1, 2027

10. Notwithstanding any provision of law to the contrary, this section

shall not apply to: (i) any claim to recover damages for physical,

psychological, or other injury or condition suffered as a result of

conduct which would constitute a sexual offense as defined in article

one hundred thirty of the penal law committed against a child less than

eighteen years of age, incest as defined in section 255.27, 255.26 or

255.25 of the penal law committed against a child less than eighteen

years of age, or the use of a child in a sexual performance as defined

in section 263.05 of the penal law committed against a child less than

eighteen years of age; or

(ii) any civil claim or cause of action revived pursuant to section

two hundred fourteen-j of the civil practice law and rules.

11. Notwithstanding any provision of law to the contrary, any person

who suffers physical, psychological, or other injury or condition while

in custody shall have, pursuant to section two hundred eight-a of the

civil practice law and rules, the full benefit of the limitations period

provided in this section and, in addition, shall have a two-year window

following the date of the person's release from that period of custody

within which to commence an action based on such injury or condition.

For any otherwise time-barred civil claims or causes of action revived

by section two hundred eight-a of the civil practice law and rules, no

notice of intention to file a claim shall be required as a condition

precedent to the commencement of such action or special proceeding. This

exemption shall not apply to any claim that was timely under the

otherwise applicable statute of limitations.