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gavel-scales-hourglass-booksLitigating against New York state can be challenging under the best of circumstances. Failure to file a timely Notice of Claim is a procedural impediment in the Court of Claims Act that can bar an action at the outset. This article will explore the requirements that must be met in order to obtain permission to file a Late Notice of Claim, various defenses the state will likely invoke to defeat such a motion, and recent trends in the law.

If the deadline to file the Notice of Claim passed, the viability of filing a motion to seek permission to file a late Notice of Claim should be fully evaluated. New York’s Court of Claims Act 10 (6) provides that the court, upon application and in its broad discretion, may permit the late filing and service of a claim “at any time before an action asserting a like claim against a citizen of the state would be barred under the provisions of article two of the Civil Practice Law and Rules.” Martin v. The State of New York, #2016-041-029, Claim No. 126048.

When considering a motion seeking permission to file a late Notice of Claim, the court will consider the following six factors:

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