2006 New York Code - Filing, Service And Contents Of Claim Or Notice Of Intention.

 
    § 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  upon  the  attorney  general  within  the times
  hereinbefore provided for filing with the  clerk  of  the  court  either
  personally  or  by  certified  mail, return receipt requested, or, where
  authorized by rule of the chief administrator of  the  courts  and  upon
  consent of the attorney general, by facsimile transmission or electronic
  means, as defined in subdivision (f) of rule twenty-one hundred three of
  the  civil  practice law and rules, in such manner as may be provided by
  rule of court. Any notice of intention shall be  similarly  served  upon
  the  attorney general within the times hereinbefore provided for service
  upon the attorney general. Service by  certified  mail,  return  receipt
  requested,  upon  the  attorney  general shall not be complete until the
  claim or notice of intention is received in the office of  the  attorney
  general. Personal service upon the attorney general shall be made in the
  same  manner  as  described  in section three hundred seven of the civil
  practice law and rules.
    * NB Effective until September 1, 2009
    * (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  within  the  times
  hereinbefore provided for filing with the clerk of the court. Any notice
  of intention shall be served personally or  by  certified  mail,  return
  receipt   requested,   upon   the  attorney  general  within  the  times
  hereinbefore provided for service upon the attorney general. Service  by
  certified  mail,  return  receipt  requested,  upon the attorney general
  shall not be complete until the claim or notice of intention is received
  in the office  of  the  attorney  general.  Personal  service  upon  the
  attorney  general  shall  be  made  in  the  same manner as described in
  section three hundred seven of the civil practice law and rules.
    * NB Effective September 1, 2009
    (ii) In any action brought in the court of claims against the New York
  state thruway authority, the city university of New  York,  or  the  New
  York  state  power  authority,  a  copy  of  the  claim  shall be served
  personally or by certified mail, return  receipt  requested,  upon  such
  defendant,  in  addition  to  the  attorney  general,  within  the times
  hereinbefore provided for filing with the clerk of the  court,  and  any
  notice  of  intention  shall  be served personally or by certified mail,
  return receipt requested,  upon  such  defendant,  in  addition  to  the
  attorney  general,  within  the  times hereinbefore provided for service
  upon the attorney general. Service by  certified  mail,  return  receipt
  requested,  shall not be complete until the claim or notice of intention
  is received by the defendant. Personal service upon any defendant  shall
  be  made  in  the same manner as described in the civil practice law and
  rules.
    b. The claim shall state the time when  and  place  where  such  claim
  arose,  the  nature of same, and the items of damage or injuries claimed
  to have been sustained and 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 intention to file a claim shall be  verified  in
  the same manner as a complaint in an action in the supreme court.


    c.  Any objection or defense based upon failure to comply with (i) the
  time limitations contained in section ten of this act, (ii)  the  manner
  of  service  requirements set forth in subdivision a of this section, or
  (iii) with the verification requirements as set forth in  subdivision  b
  of this section and rule three thousand twenty-two of the civil practice
  law  and  rules 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.