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0 chapters · 35 sections in this title.
N.Y. Court of Claims Act § 1 Short title
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Section 1. Short title. This act shall be known as the "Court of Claims Act."
N.Y. Court of Claims Act § 10 Time of filing claims and notices of intention to file claims
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§ 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…
N.Y. Court of Claims Act § 11 Filing, service and contents of claim or notice of intention
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§ 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…
N.Y. Court of Claims Act § 11-A Filing fee
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* § 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 …
N.Y. Court of Claims Act § 11-B Use of facsimile transmission and electronic filing authorized
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§ 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 twen…
N.Y. Court of Claims Act § 12 Conditions of judgment
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§ 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…
N.Y. Court of Claims Act § 13 Court rooms for sessions
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§ 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…
N.Y. Court of Claims Act § 14 Procedure upon interpleader; when independent claim barred
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§ 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 l…
N.Y. Court of Claims Act § 15 Substitution of assignee or legal representative of claimant
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§ 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 assignme…
N.Y. Court of Claims Act § 16 Proceedings as to evidence in appropriation cases
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§ 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 pro…
N.Y. Court of Claims Act § 17 Examinations before trial
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§ 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…
N.Y. Court of Claims Act § 17-A Examination of notices of intention to file a claim
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§ 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 …
N.Y. Court of Claims Act § 18 Expense of procuring testimony on commission or deposition
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§ 18. Expense of procuring testimony on commission or deposition. When testimony is taken on commission or deposition at the instance of the claimant, the expense thereof including the fees of the commissioner, shall be paid by the claimant; and when taken at the instance of the…
N.Y. Court of Claims Act § 19 Proceeding upon failure of claimant to file claim within six months or to appear or proceed
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§ 19. Proceeding upon failure of claimant to file claim within six months or to appear or proceed. 1. If a claim which bears interest, is not filed until more than six months after the accrual of said claim, no interest shall be allowed between the expiration of six months from …
N.Y. Court of Claims Act § 2 Organization of court of claims
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§ 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 …
N.Y. Court of Claims Act § 20 Judgments and payment thereof
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§ 20. Judgments and payment thereof. 1. The determination of the court upon a claim shall be by a judgment to be entered, certified and served as provided by the rules of the court. 2. If the claim arises in a case where the state seeks to appropriate or has appropriated land fo…
N.Y. Court of Claims Act § 20-A Settlement of claims
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§ 20-a. Settlement of claims. Notwithstanding any inconsistent provision of this act or of the state finance law, the comptroller shall examine, audit, and certify for payment the settlement of any claim filed in the court of claims for injuries to personal property, real proper…
N.Y. Court of Claims Act § 21 Compromise of canal claims
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§ 21. Compromise of canal claims. No claims brought against the state on account of the canal shall be settled or compromised for any amount without the written consent thereto by the commissioner of transportation or his duly authorized representative.
N.Y. Court of Claims Act § 22 Determination of ownership of awards for property appropriated
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§ 22. Determination of ownership of awards for property appropriated. 1. In the event there may be adverse and conflicting claims asserted to an award for property appropriated by the state or any part thereof, or if there be any apparent lien or encumbrance on the property so a…
N.Y. Court of Claims Act § 23 Disposition of amount of award deposited
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§ 23. Disposition of amount of award deposited. If the amount awarded is deposited, as provided by section twenty-two of this act, any person claiming an interest in the fund may apply to the supreme court in and for the county of Albany, for an order of distribution. Such appli…
N.Y. Court of Claims Act § 24 Appeals generally
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§ 24. Appeals generally. Either party may appeal from an order or judgment of the court of claims, or of a referee to hear and determine of such court, to the appellate division of the supreme court of the department in which the claims relating to the orders or judgments appeal…
N.Y. Court of Claims Act § 25 Time and manner of taking appeal
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§ 25. Time and manner of taking appeal. An appeal must be taken within thirty days after the service of the order or judgment with notice of entry, or the service by the clerk of a certified copy of the order or judgment, by serving upon the claimant or his attorney, or upon the…
N.Y. Court of Claims Act § 26 Case on appeal
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§ 26. Case on appeal. The appellant shall serve upon the adverse party a case containing so much of the evidence as the appellant may deem necessary to present the questions raised by the appeal. The respondent may propose and serve amendments thereto. The case may be settled by…
N.Y. Court of Claims Act § 27 Taxation of costs, fees and disbursements
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§ 27. Taxation of costs, fees and disbursements. Except as provided in section 701 of the eminent domain procedure law and sections 3126 and 8303-a of the civil practice law and rules, costs, witnesses' fees and disbursements shall not be taxed, nor shall counsel or attorney's f…
N.Y. Court of Claims Act § 28 Allowance for expense of searches in certain cases
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§ 28. Allowance for expense of searches in certain cases. The court of claims, whenever the appraised value of the premises appropriated shall be less than two hundred dollars, shall in their award make a reasonable allowance for the expense of procuring the abstract of title an…
N.Y. Court of Claims Act § 29 Laws repealed
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§ 29. Laws repealed. Chapter nine hundred and twenty-two of the laws of nineteen hundred twenty and all acts amendatory thereof are hereby repealed.
N.Y. Court of Claims Act § 3 Prohibitions as to judges
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§ 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 att…
N.Y. Court of Claims Act § 30 When to take effect
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§ 30. When to take effect. This act shall take effect July first, nineteen hundred thirty-nine.
N.Y. Court of Claims Act § 5 Appointment, duties, salaries and compensation of court officers and employees
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§ 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 clerica…
N.Y. Court of Claims Act § 6 Seal of court
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§ 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 …
N.Y. Court of Claims Act § 7 Records of proceedings and reports
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§ 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 stateme…
N.Y. Court of Claims Act § 8 Waiver of immunity from liability
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§ 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…
N.Y. Court of Claims Act § 8-A Torts of militia members and military and naval employees
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§ 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 departme…
N.Y. Court of Claims Act § 8-B Claims for unjust conviction and imprisonment
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§ 8-b. Claims for unjust conviction and imprisonment. 1. The\nlegislature finds and declares that innocent persons who have been\nwrongly convicted of crimes and subsequently imprisoned have been\nfrustrated in seeking legal redress due to a variety of substantive and\ntechnical…
N.Y. Court of Claims Act § 9 Jurisdiction and powers of the court
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§ 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 …