New York · statute · N.Y. Court of Claims Law · 40 active provisions
CHAPTER 860 AN ACT in relation to the court of claims and the jurisdiction, practice and procedure therein Became a law June 13, 1939, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: COURT OF CLAIMS ACT A…
ARTICLE I THE COURT, JUDGES AND OFFICERS Section 1. Short title. 2. Organization of court of claims. 3. Prohibitions as to judges. 5. Appointment, duties, salaries and compensation of court officers and employees. 6. Seal of court. 7. Records of proceedings and reports.
Section 1. Short title. This act shall be known as the "Court of Claims Act."
§ 2. Organization of court of claims. 1. The court of claims is hereby continued. 2. Such court shall consist of (a) twenty-seven judges, who shall be appointed by the governor, by and with the advice and consent of the senate; (b) such number of additional judges not exceeding seventeen to and including December thirt…
§ 3. Prohibitions as to judges. A judge shall not during his term of office practice the profession of law or act as referee in any action or proceeding in any court of this state. A judge shall not hold any other office or public trust to which any salary or compensation is attached and shall be subject to the same pr…
§ 5. Appointment, duties, salaries and compensation of court officers and employees. 1. The court of claims shall appoint and may at pleasure remove the clerk of the court, one confidential stenographer to the presiding judge, stenographers, typists, attendants and other clerical assistants. They shall perform such dut…
§ 6. Seal of court. The court shall adopt and procure an official seal, with suitable device and inscription. A description of such seal, with an impression thereof, shall be filed in the office of the secretary of state. The expenses of procuring such seal shall be paid out of the contingent fund of the court.
§ 7. Records of proceedings and reports. 1. The court shall keep records of its proceedings, and at such times during the session as it may deem proper, or as the senate or assembly may request, report to the legislature the claims upon which it has finally acted, with a statement of the judgment rendered in each case.…
ARTICLE II JURISDICTION Section 8. Waiver of immunity from liability. 8-a. Torts of militia members and military and naval employees. 8-b. Claims for unjust conviction and imprisonment. 9. Jurisdiction and powers of the court. 10. Time of filing claims and notices of intention to file claims. 11. Filing, service and co…
§ 8. Waiver of immunity from liability. The state hereby waives its immunity from liability and action and hereby assumes liability and consents to have the same determined in accordance with the same rules of law as applied to actions in the supreme court against individuals or corporations, provided the claimant comp…
§ 8-a. 1. Torts of militia members and military and naval employees. The state hereby waives its immunity from liability and action with respect to the torts of members of the organized militia and employees in the division of military and naval affairs of the executive department in the operation, maintenance and cont…
§ 8-b. Claims for unjust conviction and imprisonment. 1. The legislature finds and declares that innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law and that such persons s…
§ 9. Jurisdiction and powers of the court. The court shall have jurisdiction: 1. To hear and determine all matters now pending in the said court of claims. 2. To hear and determine a claim of any person, corporation or municipality against the state for the appropriation of any real or personal property or any interest…
§ 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 t…
§ 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 wit…
* § 11-a. Filing fee. 1. The clerk of the court of claims shall require for the filing of a claim a fee of fifty dollars. The fee shall be payable in advance, unless a motion, affidavit, or certification pursuant to section eleven hundred one of the civil practice law and rules is filed with the claim, in which case th…
§ 11-b. Use of facsimile transmission and electronic filing authorized. 1. Notwithstanding any other provision of law, the chief administrator of the courts may authorize a program in the use of facsimile transmission and electronic means in the court as provided in article twenty-one-A of the civil practice law and ru…
§ 12. Conditions of judgment. 1. In no case shall any liability be implied against the state. No judgment shall be granted on any claim against the state except upon such legal evidence as would establish liability against an individual or corporation in a court of law or equity. 2. No judgment shall be awarded to any…
ARTICLE III PRACTICE PROVISIONS Section 13. Court rooms for sessions. 14. Procedure upon interpleader; when independent claim barred. 15. Substitution of assignee or legal representative of claimant. 16. Proceedings as to evidence in appropriation cases. 17. Examinations before trial. 17-a. Examination of notices of in…
§ 13. Court rooms for sessions. The sheriff of any county, except Albany, shall furnish for the use of the court suitable rooms in the court house of his county for any session ordered to be held thereat and shall, if requested, attend said session. His fees for attendance shall be paid out of the contingent fund of th…
§ 14. Procedure upon interpleader; when independent claim barred. Parties interpleaded shall be served with the order of interpleader, personally or by publication in manner provided for the service of a citation in the surrogate's court, except that in the case of a claim for land appropriated publication in one newsp…
§ 15. Substitution of assignee or legal representative of claimant. In the event of the death of the claimant or of one of the claimants named in a claim of any nature against the state, heretofore or hereafter filed in the court of claims, and also in the event that by assignment or by operation of law, some person ot…
§ 16. Proceedings as to evidence in appropriation cases. 1. Upon the trial of any claim for the appropriation of real property or an interest therein, evidence of the price and other terms upon any sale, or of the rent reserved and other terms upon any lease, relating to any property taken or to be taken or to any othe…
§ 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…
§ 17-a. Examination of notices of intention to file a claim. 1. Wherever a notice of intention to file a claim is served, the defendant shall have the right to demand an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made, which examination shall be upon…