Bill > S07735

This bill amends the New York Court of Claims Act to provide more flexibility for claimants who file claims against the state with potential jurisdictional or pleading defects. The bill allows claimants to amend their claims or notices of intention to file claims to correct jurisdictional pleading issues without always needing court permission. For claims filed on or after the bill's effective date, claimants can automatically amend their claims within 20 days of service or before the response period expires, and can also apply for leave to amend at later stages. When considering such amendment applications, the court will evaluate factors like whether the original failure to comply with pleading requirements was excusable, whether the state had notice of the claim's essential facts, and whether the state had a fair opportunity to investigate the claim. The bill also stipulates that any objections to pleading defects must be raised within specific timeframes, typically through a motion to dismiss made before a responsive pleading is required or within 120 days of filing the note of issue. These changes aim to provide more procedural leeway for claimants while still protecting the state's interests by ensuring timely and substantive notice of claims.

Housing and Urban Affairs, Justice

https://www.nysenate.gov/legislation/bills/2025/S7735