New York Senate Bill S09857 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9857  IN SENATE June 6, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the court of claims act, in relation to allowing for dismissal of a claim based on claimant's failure to comply with plead- ing requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 11 of the court of claims act is amended by adding 2 a new subdivision d to read as follows: 3 d. A claimant may, at any time after the timely service of a notice of 4 intention or timely filing and service of a claim, and at any stage of 5 the action, apply to the court for permission to correct a mistake, 6 omission, irregularity, or defect made in good faith in the notice of 7 intention or claim required to be served by this section, not pertaining 8 to the manner or time of filing and service thereof. The notice of 9 intention and/or claim may be corrected, supplied, or disregarded, as 10 the case may be, in the discretion of the court, provided it shall 11 appear that the other party was not prejudiced thereby. 12 If such permission is granted, the notice of intention and/or claim 13 shall be deemed corrected nunc pro tunc. The application to correct 14 shall be accompanied by a copy of the proposed corrected notice of 15 intention and/or claim. 16 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11460-01-3