N.Y. Court of Claims Act § 11: Filing, service and contents of claim or notice of intention

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

(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.

d. Subdivision b of this section shall not apply to any otherwise

time-barred civil claims or causes of action revived by section two

hundred eight-a of the civil practice law and rules. This exemption

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

applicable statute of limitations, provided that, the court, in

exercising its discretion as otherwise permitted by law regarding the

claim or notice of intention to file a claim shall, in the interest of

justice, give due consideration to difficulties of proof caused by

incarceration.