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New York · Through 2026-09-11

N.Y. Court of Claims Act § 17: Examinations before trial

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Where this section sits in the code
  1. Court of Claims Act
  2. Article 3. Practice Provisions

§ 17. Examinations before trial. 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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