NY State Assembly Bill 2025-A8047A

Assembly Bill A8047A

2025-2026 Legislative Session

Relates to permitting amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2025	print number 8047a
Apr 25, 2025	amend and recommit to judiciary
Apr 22, 2025	referred to judiciary

Bill Amendments

Original

A (Active)

2025-A8047 - Details

Current Committee:: Assembly Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §11, Ct Claims Act

2025-A8047 - Summary

Permits amendment of a claim or notice of intention to file a claim to correct jurisdictional pleading defects and the dismissal of a claim based upon claimant's failure to comply with jurisdictional pleading requirements.

2025-A8047 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8047
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  court  of claims act, in relation to permitting
   amendment of a claim or notice of intention to file a claim to correct
   jurisdictional pleading defects and to provide for a procedure for the
   dismissal of a claim based upon  claimant's  failure  to  comply  with
   jurisdictional pleading requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision b of section 11 of the court of claims act,  as
 amended  by  chapter  606  of  the  laws  of 2007, is amended to read as
 follows:
   b. (I) 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  inten-
 tion to file a claim shall be verified in the same manner as a complaint
 in an action in the supreme court.
   (II)  NOTWITHSTANDING THE FAILURE OF A CLAIM TO COMPLY WITH THE PLEAD-
 ING REQUIREMENTS OF PARAGRAPH (I) OF THIS SUBDIVISION, A  CLAIMANT,  WHO
 HAS  FILED  A  CLAIM  ON  OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH,
 SHALL BE PERMITTED TO:
   (A) AMEND THE CLAIM TO CORRECT ANY SUCH FAILURE WITHOUT LEAVE OF COURT
 WITHIN TWENTY DAYS AFTER ITS SERVICE, OR AT ANY TIME BEFORE  THE  PERIOD
 FOR  RESPONDING  TO IT EXPIRES, OR WITHIN TWENTY DAYS AFTER SERVICE OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11698-01-5

 A. 8047                             2
 
 RESPONSIVE PLEADING OR MOTION TO DISMISS THE CLAIM MADE  BEFORE  SERVICE
 OF  THE  RESPONSIVE PLEADING THAT CONTAINS AN OBJECTION OR DEFENSE BASED
 UPON THE FAILURE TO COMPLY WITH THE PLEADING REQUIREMENTS SET  FORTH  IN
 PARAGRAPH (I) OF THIS SUBDIVISION PROVIDED THAT ANY SUCH AMENDMENT SHALL
 BE  FILED  AND  SERVED 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;
   (B) MAKE AN APPLICATION FOR LEAVE TO AMEND THE CLAIM  TO  CORRECT  ANY
 SUCH FAILURE 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, OR WITHIN FORTY DAYS AFTER  THE
 SERVICE  OF  A  MOTION  TO DISMISS THAT CONTAINS AN OBJECTION OR DEFENSE
 BASED UPON THE FAILURE OF THE CLAIM TO COMPLY WITH THE PLEADING REQUIRE-
 MENTS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION.  ANY SUCH APPLICA-
 TION SHALL BE ACCOMPANIED BY THE PROPOSED AMENDED CLAIM CLEARLY  SHOWING
 THE CHANGES OR ADDITIONS TO BE MADE TO THE CLAIM.  IN DETERMINING WHETH-
 ER  TO  GRANT  THE  APPLICATION  PURSUANT TO THIS SUBDIVISION, THE COURT
 SHALL CONSIDER, AMONG  OTHER  FACTORS,  WHETHER  CLAIMANT'S  FAILURE  TO
 COMPLY WITH THE PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I) OF THIS
 SUBDIVISION  WAS  EXCUSABLE; WHETHER THE DELAY IN MAKING THE APPLICATION
 PURSUANT TO THIS SUBPARAGRAPH  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
 AMENDMENTS  PROPOSED  TO  BE  MADE BY THE AMENDED CLAIM; AND WHETHER THE
 FAILURE TO FILE OR SERVE UPON THE ATTORNEY GENERAL A CLAIM THAT COMPLIED
 WITH THE PLEADING REQUIREMENTS OF  PARAGRAPH  (I)  OF  THIS  SUBDIVISION
 RESULTED  IN  SUBSTANTIAL PREJUDICE TO THE STATE. ANY AMENDMENT ASSERTED
 IN AN AMENDED CLAIM THAT IS PERMITTED TO BE FILED AND SERVED PURSUANT TO
 THIS SUBPARAGRAPH IS DEEMED TO HAVE BEEN  INTERPOSED  AT  THE  TIME  THE
 CLAIM  WAS  FILED AND SERVED, UNLESS THE ORIGINAL CLAIM DOES NOT PROVIDE
 DEFENDANT WITH NOTICE OF THE  TRANSACTIONS,  OCCURRENCES  OR  SERIES  OF
 TRANSACTIONS OR OCCURRENCES, TO BE PROVED PURSUANT TO THE AMENDED CLAIM.
   (III) NOTWITHSTANDING THE FAILURE OF A CLAIM TO COMPLY WITH THE PLEAD-
 ING  REQUIREMENTS  OF PARAGRAPH (I) OF THIS SUBDIVISION, A CLAIMANT, WHO
 HAS FILED  A CLAIM BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH, SHALL BE
 PERMITTED TO:
   (A) WHERE THE CLAIM WAS SERVED LESS THAN FORTY DAYS BEFORE THE  EFFEC-
 TIVE DATE OF THIS PARAGRAPH, AMEND THE CLAIM TO CORRECT ANY SUCH FAILURE
 WITHOUT  LEAVE  OF COURT WITHIN TWENTY DAYS AFTER ITS SERVICE, OR AT ANY
 TIME BEFORE THE PERIOD FOR RESPONDING TO IT EXPIRES,  OR  WITHIN  TWENTY
 DAYS  AFTER  SERVICE  OF  A RESPONSIVE PLEADING OR MOTION TO DISMISS THE
 CLAIM MADE BEFORE SERVICE OF THE RESPONSIVE PLEADING  THAT  CONTAINS  AN
 OBJECTION  OR DEFENSE BASED UPON THE FAILURE TO COMPLY WITH THE PLEADING
 REQUIREMENTS SET FORTH IN THIS SUBDIVISION;
   (B) MAKE AN APPLICATION FOR LEAVE TO AMEND THE CLAIM  TO  CORRECT  ANY
 SUCH FAILURE 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,  OR  WITHIN  ONE  YEAR  OF  THE
 EFFECTIVE  DATE OF THIS PARAGRAPH, WHICHEVER IS LATER. ANY SUCH APPLICA-
 TION SHALL BE ACCOMPANIED BY THE PROPOSED AMENDED CLAIM CLEARLY  SHOWING
 THE CHANGES OR ADDITIONS TO BE MADE TO THE CLAIM. IN DETERMINING WHETHER
 TO  GRANT  THE APPLICATION PURSUANT TO THIS SUBDIVISION, THE COURT SHALL
 CONSIDER, AMONG OTHER FACTORS, WHETHER CLAIMANT'S FAILURE TO COMPLY WITH
 THE PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION
 WAS EXCUSABLE; WHETHER THE DELAY IN MAKING THE APPLICATION  PURSUANT  TO
 THIS  SUBPARAGRAPH  WAS  EXCUSABLE;  WHETHER THE STATE HAD NOTICE OF THE
 A. 8047                             3
 
 ESSENTIAL FACTS CONSTITUTING THE CLAIM; WHETHER THE STATE HAD AN  OPPOR-
 TUNITY  TO  INVESTIGATE  THE  CIRCUMSTANCES  UNDERLYING  THE  AMENDMENTS
 PROPOSED TO BE MADE BY THE AMENDED CLAIM; AND  WHETHER  THE  FAILURE  TO
 FILE  OR  SERVE UPON THE ATTORNEY GENERAL A CLAIM THAT COMPLIED WITH THE
 PLEADING REQUIREMENTS OF THIS SUBDIVISION RESULTED IN SUBSTANTIAL PREJU-
 DICE TO THE STATE. ANY AMENDMENT ASSERTED IN AN AMENDED  CLAIM  THAT  IS
 PERMITTED TO BE FILED AND SERVED PURSUANT TO THIS SUBPARAGRAPH IS DEEMED
 TO  HAVE  BEEN  INTERPOSED  AT  THE TIME THE CLAIM WAS FILED AND SERVED,
 UNLESS THE ORIGINAL CLAIM DOES NOT PROVIDE DEFENDANT WITH NOTICE OF  THE
 TRANSACTIONS,  OCCURRENCES  OR SERIES OF TRANSACTIONS OR OCCURRENCES, TO
 BE PROVED PURSUANT TO THE AMENDED CLAIM.
   (IV) A CLAIMANT, WHO HAS SERVED A NOTICE OF INTENTION TO FILE A  CLAIM
 ON  OR  AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE PERMITTED TO
 AMEND THE NOTICE OF INTENTION TO FILE A CLAIM TO CORRECT ANY FAILURE  TO
 COMPLY WITH THE PLEADING REQUIREMENTS OF THIS SUBDIVISION  AT  ANY  TIME
 WITHIN  THE  PERIOD  OF TIME TO SERVE SUCH NOTICE OF INTENTION TO FILE A
 CLAIM PURSUANT TO SECTION TEN OF THIS ACT.
   § 2. Subdivision c of section 11  of  the  court  of  claims  act,  as
 amended  by  chapter  223  of  the  laws  of 2007, is amended to read as
 follows:
   c. (I) Any objection or defense based  upon  failure  to  comply  with
 [(i)]  (A)  the  time  limitations contained in section ten of this act,
 [(ii)] (B) the manner of service requirements set forth in subdivision a
 of this section, or [(iii)] (C) 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. FOR
 CLAIMS SERVED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS
 OF   TWO  THOUSAND  TWENTY-FIVE  WHICH  AMENDED  THIS  SUBDIVISION,  ANY
 OBJECTION OR DEFENSE THAT ASSERTS THAT THE CLAIM FAILS ON  ITS  FACE  TO
 COMPLY  WITH THE PLEADING REQUIREMENTS OF PARAGRAPH (I) OF SUBDIVISION B
 OF THIS SECTION, OR THAT THE CLAIM FAILS  TO  INCLUDE  ANY  ONE  OF  THE
 PLEADING  REQUIREMENTS  SET  FORTH  IN PARAGRAPH (I) OF SUBDIVISION B OF
 THIS SECTION, IS WAIVED UNLESS RAISED, EITHER BY  A  MOTION  TO  DISMISS
 MADE BEFORE THE 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.
   (II) A MOTION TO DISMISS THE CLAIM THAT ASSERTS THAT THE CLAIM OR  THE
 NOTICE  OF  INTENTION  TO FILE A CLAIM FAILS TO COMPLY WITH THE PLEADING
 REQUIREMENTS IN PARAGRAPH (I) OF SUBDIVISION B OF THIS SECTION  MUST  BE
 MADE  NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE FILING OF THE NOTE
 OF ISSUE, OR NO EARLIER THAN THIRTY DAYS BEFORE TRIAL WHERE  A  NOTE  OF
 ISSUE IS NOT REQUIRED TO BE FILED.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2025-A8047A (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §11, Ct Claims Act

2025-A8047A (ACTIVE) - Summary

2025-A8047A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8047--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the court of  claims  act,  in  relation  to  permitting
   amendment of a claim or notice of intention to file a claim to correct
   jurisdictional pleading defects and to provide for a procedure for the
   dismissal  of  a  claim  based  upon claimant's failure to comply with
   jurisdictional pleading requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision b of section 11 of the court of claims act, as
 amended by chapter 606 of the laws  of  2007,  is  amended  to  read  as
 follows:
   b.  (I) 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 inten-
 tion to file a claim shall be verified in the same manner as a complaint
 in an action in the supreme court.
   (II) NOTWITHSTANDING THE FAILURE OF A CLAIM TO COMPLY WITH THE  PLEAD-
 ING  REQUIREMENTS  OF  PARAGRAPH (I) OF THIS SUBDIVISION, A CLAIMANT WHO
 HAS FILED A CLAIM ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL
 BE PERMITTED TO:
   (A) AMEND THE CLAIM TO CORRECT ANY SUCH FAILURE WITHOUT LEAVE OF COURT
 WITHIN TWENTY DAYS AFTER ITS SERVICE, OR AT ANY TIME BEFORE  THE  PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11698-02-5

 A. 8047--A                          2
 
 FOR  RESPONDING  TO IT EXPIRES, OR WITHIN TWENTY DAYS AFTER SERVICE OF A
 RESPONSIVE PLEADING OR MOTION TO DISMISS THE CLAIM MADE  BEFORE  SERVICE
 OF  THE  RESPONSIVE PLEADING THAT CONTAINS AN OBJECTION OR DEFENSE BASED
 UPON  THE  FAILURE TO COMPLY WITH THE PLEADING REQUIREMENTS SET FORTH IN
 PARAGRAPH (I) OF THIS SUBDIVISION,  PROVIDED  THAT  ANY  SUCH  AMENDMENT
 SHALL  BE  FILED  AND  SERVED  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;
   (B)  MAKE  AN  APPLICATION FOR LEAVE TO AMEND THE CLAIM TO CORRECT ANY
 SUCH FAILURE 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, OR WITHIN FORTY DAYS AFTER THE
 SERVICE OF A MOTION TO DISMISS THAT CONTAINS  AN  OBJECTION  OR  DEFENSE
 BASED UPON THE FAILURE OF THE CLAIM TO COMPLY WITH THE PLEADING REQUIRE-
 MENTS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION.  ANY SUCH APPLICA-
 TION  SHALL BE ACCOMPANIED BY THE PROPOSED AMENDED CLAIM CLEARLY SHOWING
 THE CHANGES OR ADDITIONS TO BE MADE TO THE CLAIM.  IN DETERMINING WHETH-
 ER TO GRANT THE APPLICATION PURSUANT  TO  THIS  SUBDIVISION,  THE  COURT
 SHALL  CONSIDER,  AMONG  OTHER  FACTORS,  WHETHER  CLAIMANT'S FAILURE TO
 COMPLY WITH THE PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I) OF THIS
 SUBDIVISION WAS EXCUSABLE; WHETHER THE DELAY IN MAKING  THE  APPLICATION
 PURSUANT  TO  THIS  SUBPARAGRAPH  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
 AMENDMENTS PROPOSED TO BE MADE BY THE AMENDED  CLAIM;  AND  WHETHER  THE
 FAILURE TO FILE OR SERVE UPON THE ATTORNEY GENERAL A CLAIM THAT COMPLIED
 WITH  THE  PLEADING  REQUIREMENTS  OF  PARAGRAPH (I) OF THIS SUBDIVISION
 RESULTED IN SUBSTANTIAL PREJUDICE TO THE STATE. ANY  AMENDMENT  ASSERTED
 IN AN AMENDED CLAIM THAT IS PERMITTED TO BE FILED AND SERVED PURSUANT TO
 THIS  SUBPARAGRAPH  IS  DEEMED  TO  HAVE BEEN INTERPOSED AT THE TIME THE
 CLAIM WAS FILED AND SERVED, UNLESS THE ORIGINAL CLAIM DOES  NOT  PROVIDE
 DEFENDANT  WITH  NOTICE  OF  THE  TRANSACTIONS, OCCURRENCES OR SERIES OF
 TRANSACTIONS OR OCCURRENCES TO BE PROVED PURSUANT TO THE AMENDED CLAIM.
   (III) NOTWITHSTANDING THE FAILURE OF A CLAIM TO COMPLY WITH THE PLEAD-
 ING REQUIREMENTS OF PARAGRAPH (I) OF THIS SUBDIVISION,  A  CLAIMANT  WHO
 HAS  FILED  A CLAIM BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE
 PERMITTED TO:
   (A) WHERE THE CLAIM WAS SERVED LESS THAN FORTY DAYS BEFORE THE  EFFEC-
 TIVE DATE OF THIS PARAGRAPH, AMEND THE CLAIM TO CORRECT ANY SUCH FAILURE
 WITHOUT  LEAVE  OF COURT WITHIN TWENTY DAYS AFTER ITS SERVICE, OR AT ANY
 TIME BEFORE THE PERIOD FOR RESPONDING TO IT EXPIRES,  OR  WITHIN  TWENTY
 DAYS  AFTER  SERVICE  OF  A RESPONSIVE PLEADING OR MOTION TO DISMISS THE
 CLAIM MADE BEFORE SERVICE OF THE RESPONSIVE PLEADING  THAT  CONTAINS  AN
 OBJECTION  OR DEFENSE BASED UPON THE FAILURE TO COMPLY WITH THE PLEADING
 REQUIREMENTS SET FORTH IN THIS SUBDIVISION;
   (B) MAKE AN APPLICATION FOR LEAVE TO AMEND THE CLAIM  TO  CORRECT  ANY
 SUCH FAILURE 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,  OR  WITHIN  ONE  YEAR  OF  THE
 EFFECTIVE  DATE OF THIS PARAGRAPH, WHICHEVER IS LATER. ANY SUCH APPLICA-
 TION SHALL BE ACCOMPANIED BY THE PROPOSED AMENDED CLAIM CLEARLY  SHOWING
 THE CHANGES OR ADDITIONS TO BE MADE TO THE CLAIM. IN DETERMINING WHETHER
 TO  GRANT  THE APPLICATION PURSUANT TO THIS SUBDIVISION, THE COURT SHALL
 CONSIDER, AMONG OTHER FACTORS, WHETHER CLAIMANT'S FAILURE TO COMPLY WITH
 THE PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION
 WAS EXCUSABLE; WHETHER THE DELAY IN MAKING THE APPLICATION  PURSUANT  TO
 A. 8047--A                          3
 
 THIS  SUBPARAGRAPH  WAS  EXCUSABLE;  WHETHER THE STATE HAD NOTICE OF THE
 ESSENTIAL FACTS CONSTITUTING THE CLAIM; WHETHER THE STATE HAD AN  OPPOR-
 TUNITY  TO  INVESTIGATE  THE  CIRCUMSTANCES  UNDERLYING  THE  AMENDMENTS
 PROPOSED  TO  BE  MADE  BY THE AMENDED CLAIM; AND WHETHER THE FAILURE TO
 FILE OR SERVE UPON THE ATTORNEY GENERAL A CLAIM THAT COMPLIED  WITH  THE
 PLEADING REQUIREMENTS OF THIS SUBDIVISION RESULTED IN SUBSTANTIAL PREJU-
 DICE  TO  THE  STATE. ANY AMENDMENT ASSERTED IN AN AMENDED CLAIM THAT IS
 PERMITTED TO BE FILED AND SERVED PURSUANT TO THIS SUBPARAGRAPH IS DEEMED
 TO HAVE BEEN INTERPOSED AT THE TIME THE  CLAIM  WAS  FILED  AND  SERVED,
 UNLESS  THE ORIGINAL CLAIM DOES NOT PROVIDE DEFENDANT WITH NOTICE OF THE
 TRANSACTIONS, OCCURRENCES OR SERIES OF TRANSACTIONS OR  OCCURRENCES,  TO
 BE PROVED PURSUANT TO THE AMENDED CLAIM.
   (IV)  A  CLAIMANT WHO HAS SERVED A NOTICE OF INTENTION TO FILE A CLAIM
 ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE  PERMITTED  TO
 AMEND THE NOTICE OF INTENTION TO FILE A CLAIM TO CORRECT ANY FAILURE  TO
 COMPLY  WITH  THE  PLEADING REQUIREMENTS OF THIS SUBDIVISION AT ANY TIME
 WITHIN THE PERIOD OF TIME TO SERVE SUCH NOTICE OF INTENTION  TO  FILE  A
 CLAIM PURSUANT TO SECTION TEN OF THIS ACT.
   §  2.  Subdivision  c  of  section  11  of the court of claims act, as
 amended by chapter 223 of the laws  of  2007,  is  amended  to  read  as
 follows:
   c.  (I)  Any  objection  or  defense based upon failure to comply with
 [(i)] (A) the time limitations contained in section  ten  of  this  act,
 [(ii)] (B) the manner of service requirements set forth in subdivision a
 of  this  section,  or  [(iii)] (C) 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.  FOR
 CLAIMS  SERVED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF  TWO  THOUSAND  TWENTY-FIVE  WHICH  AMENDED  THIS  SUBDIVISION,   ANY
 OBJECTION  OR  DEFENSE  THAT ASSERTS THAT THE CLAIM FAILS ON ITS FACE TO
 COMPLY WITH THE PLEADING REQUIREMENTS OF PARAGRAPH (I) OF SUBDIVISION  B
 OF  THIS  SECTION,  OR  THAT  THE  CLAIM FAILS TO INCLUDE ANY ONE OF THE
 PLEADING REQUIREMENTS SET FORTH IN PARAGRAPH (I)  OF  SUBDIVISION  B  OF
 THIS  SECTION,  IS  WAIVED  UNLESS RAISED, EITHER BY A MOTION TO DISMISS
 MADE BEFORE THE 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.
   (II)  A MOTION TO DISMISS THE CLAIM THAT ASSERTS THAT THE CLAIM OR THE
 NOTICE OF INTENTION TO FILE A CLAIM FAILS TO COMPLY  WITH  THE  PLEADING
 REQUIREMENTS  IN  PARAGRAPH (I) OF SUBDIVISION B OF THIS SECTION MUST BE
 MADE NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE FILING OF THE  NOTE
 OF  ISSUE,  OR  NO EARLIER THAN THIRTY DAYS BEFORE TRIAL WHERE A NOTE OF
 ISSUE IS NOT REQUIRED TO BE FILED.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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