Notice of Intention to File a Claim
(Court of Claims) (NY)

Summary

This Notice of Intention to File a Claim (NY) is a standard form that attorneys can use to put the New York State Attorney General on notice that the claimant intends to file a claim for money damages against the state of New York. This template contains practical guidance, drafting notes, alternate clauses, and optional clauses. A claim is a case initiating document filed in the Court of Claims asserting claims for money damages against the state of New York and certain public authorities. A claim is substantively similar to a complaint filed in a New York Supreme Court litigation. The claim puts the defendant—in this case, the state of New York—on notice of the alleged acts or omissions giving rise to the claim. A notice of intention to file a claim is an optional document that you may serve on the New York Attorney General—but do not file with the court clerk—before filing your claim. Serving a notice of intention extends your time to file and serve most claims, provided you serve the notice within the applicable time for filing those claims. Strategically, you should consider serving a notice of intention if your filing deadline is rapidly approaching, but you are not yet ready to file the claim. Doing so will allow you to preserve your client's claim and extend your filing deadline while you investigate your client's allegations. The Court of Claims has jurisdiction to adjudicate: • Claims of any person, corporation, or municipality against the state for: o Appropriation of any real or personal property o Breach of contract (express or implied) o Torts of state officers or employees while acting as such officers or employees • Claims of any person, corporation, or municipality against the state for torts of members of the organized militia and employees in the division of military and naval affairs of the executive department (provided the claims falls within Section 8-a of the Court of Claims Act's waiver of immunity and assumption of liability) • Claims in favor of the state against the claimant, or against his assignor at the time of the assignment • Claims against the state for unjust conviction and imprisonment • Special proceedings for the distribution of moneys deposited pursuant to the Eminent Domain Procedure Law § 304(E) • Claims of any person against the state for a retaliatory personnel action by its officers or employees pursuant to New York's Civil Service Law § 75-b or Labor Law § 740. See N.Y. Ct. Cl. Act § 9. However, the court does not have jurisdiction to grant strictly equitable relief. See Madura v. State of New York, 784 N.Y.S.2d 214 (3d Dep't 2004). For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on the process for commencing an action for money damages against the state of New York, see Court of Claims: Commencing a Claim against the State (NY). For a model annotated claim, see Claim (Court of Claims) (NY). For information on the structure of the New York court system, see Court System Overview (NY). For a checklist concerning procedural laws in New York, see Sources of Procedural Law Checklist (NY). For a detailed discussion of practicing in the Court of Claims, see Medina's Bostwick Prac. Manual Ch. 37.