United States · New York civil procedure
When is the preserved State intentional-tort claim due?
After a valid notice served within ninety days, CTC 10(3-b) requires the qualifying intentional-tort claim within one year from accrual.
- Period
- 1 years
- Trigger
- Original independently established intentional-tort claim accrual
- Rule
- Court of Claims Act 10(3-b), 11
Current official provision, website revision from 2026-02-20. Reviewed. A revision label is not an inferred effective date.
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Which event starts the Court of Claims Act 10(3-b), 11 requirement?
Retain the original accrual facts, valid notice and timely attorney-general service evidence.
Confirm the intentional-tort branch. Do not substitute the notice date or the negligence two-year period.
Responsible actor. The claimant filing and serving the preserved State intentional-tort claim. The ordinary CTC 10(3-b) extended branch after a valid timely notice, excluding alternative disability, custody, revival or actual late-relief provisions.
Court of Claims Act 10(3-b), 11How is the calendar-month or year boundary calculated?
- Retain the original accrual facts, valid notice and timely attorney-general service evidence.
- Confirm the intentional-tort branch. Do not substitute the notice date or the negligence two-year period.
- Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
- Complete both claim filing with the Court of Claims clerk and service on the attorney general within the statutory period. CTC 11 requires personal or certified return-receipt service; certified service completes at actual receipt. Establish any permitted separate electronic-service agreement independently. NYSCEF filing alone does not serve the claim.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 30, corresponding calendar monthWhat does the independently derived example establish?
Fictitious example
The ordinary CTC 10(3-b) extended branch after a valid timely notice, excluding alternative disability, custody, revival or actual late-relief provisions. Fictitious established facts. The ordinary CTC 10(3-b) extended branch after a valid timely notice, excluding alternative disability, custody, revival or actual late-relief provisions.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Original independently established intentional-tort claim accrual | September 1, 2026 |
| Disclosed statutory component | 1 years | Wednesday, September 1, 2027 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- One year from accrual
- The timely notice does not start a new year. It preserves the original-accrual one-year branch.
- Service and contents
- CTC 11 requires the applicable verified contents and service on the attorney general. Certified return-receipt service completes on actual receipt, not posting. Certain defendants must also be served.
- Different statutory branches
- CTC 10(5)-(11) addresses legal disability, actual late-claim relief, toxic-injury accrual, incarcerated-property claims, child-sexual-conduct exclusions and specified 214-j or 208-a claims. This ordinary preset excludes those branches.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- The ordinary CTC 10(3-b) extended branch after a valid timely notice, excluding alternative disability, custody, revival or actual late-relief provisions.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about Court of Claims Act 10(3-b), 11
When is the preserved State intentional-tort claim due?
Can I use the two-year negligence calculator?
No. The intentional-tort provision expressly uses one year.
Court of Claims Act 10(3-b), 11Does a notice served on day ninety give a full extra year afterward?
No. The extended claim still runs from accrual.
Court of Claims Act 10(3-b), 11Does filing with the clerk complete attorney-general service?
No. Complete and preserve both acts under CTC 11.
Court of Claims Act 11Official procedural, counting and completion sources
Provisions used (11)
| Provision | Purpose |
|---|---|
| Court of Claims Act 10(3-b), 11 | The particular actor, event, period and required act |
| Court of Claims Act 11 | Service and contents |
| Court of Claims Act 11, claim filing and service | Service and contents |
| 22 NYCRR 206.5(a), clerk filing and service proof | Branch-specific service or filing completion |
| 22 NYCRR 206.5-aa(c), (e), (f) | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |