Bill Text: NY A08324 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows for amendments to timely filed notices of intention to correct a mistake, omission, irregularity or defect made in good faith.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-16 - reported [A08324 Detail]

Download: New_York-2023-A08324-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8324

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 29, 2023
                                       ___________

        Introduced  by  M.  of A. RAJKUMAR -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary

        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