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United States · New York civil procedure

When is a State negligence claim due after a timely notice?

CTC 10(3) gives two years from claim accrual to file and serve the qualifying claim after a valid notice of intention was served within ninety days.

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Period
2 years
Trigger
Original independently established claim accrual
Rule
Court of Claims Act 10(3), 11
Court of Claims Act 10(3), 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), 11 requirement?

Retain the original accrual evidence and the valid notice and timely attorney-general service proof.

Do not use the later notice date as the two-year trigger. Confirm the same claim and statutory classification.

Responsible actor. The claimant filing and serving the preserved qualifying State tort claim. The CTC 10(3) two-year branch after valid attorney-general notice service within ninety days. The notice conditions are established, not presumed.

Court of Claims Act 10(3), 11

How is the calendar-month or year boundary calculated?

  1. Retain the original accrual evidence and the valid notice and timely attorney-general service proof.
  2. Do not use the later notice date as the two-year trigger. Confirm the same claim and statutory classification.
  3. Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
  4. 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 month

What does the independently derived example establish?

Fictitious example

The CTC 10(3) two-year branch after valid attorney-general notice service within ninety days. The notice conditions are established, not presumed. Fictitious established facts. The CTC 10(3) two-year branch after valid attorney-general notice service within ninety days. The notice conditions are established, not presumed.

Example counting steps
StepWhat is countedDate
Established procedural eventOriginal independently established claim accrualSeptember 1, 2026
Disclosed statutory component2 yearsFriday, September 1, 2028
Example resultFriday, September 1, 2028

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 calculator

Which facts change this requirement?

Original accrual
The extended period runs from claim accrual, not notice service.
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.
Court of Claims Act 10(3), 11
  • The CTC 10(3) two-year branch after valid attorney-general notice service within ninety days. The notice conditions are established, not presumed.
  • 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), 11

When is a State negligence claim due after a timely notice?

Do two years start when the State receives my notice?

No. Section 10(3) expressly uses accrual.

Court of Claims Act 10(3), 11

Can an invalid late notice supply this longer period?

This branch requires a valid notice served within the original ninety days.

Court of Claims Act 10(3), 11

Does electronic filing alone serve the attorney general?

No. CTC 11 service remains separate. Any permitted agreement under Rule 206.5-aa(c)(3) must actually exist.

22 NYCRR 206.5-aa(c)(3)

Official procedural, counting and completion sources

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
Court of Claims Act 10(3), 11The particular actor, event, period and required act
Court of Claims Act 11Service and contents
22 NYCRR 206.5-aa(c)(3)Branch-specific service or filing completion
Court of Claims Act 11, claim filing and serviceService and contents
22 NYCRR 206.5(a), clerk filing and service proofBranch-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 exclusionEvent-day exclusion
General Construction Law 30, corresponding calendar monthCorresponding month day and shorter-month end
General Construction Law 58, statutory yearStatutory year and leap-year treatment
General Construction Law 24, public holidaysStatutory public holidays
General Construction Law 25-a, closed final dayClosed final statutory day
Election Law 8-100(1)(c), general election dayGeneral election day
Read the official provision

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