NY A08047

Allows claimants in Court of Claims cases to amend claims to correct jurisdictional pleading defects without court permission within 20 days of service, or within 20 days after receiving a motion to dismiss or responsive pleading raising the defect

Permits claimants to apply for leave to amend defective claims at any time before the statute of limitations would bar a similar claim against a private citizen, or within 40 days after a motion to dismiss is served

Establishes factors courts must consider when deciding amendment applications, including whether the failure was excusable, whether the state had notice of essential facts, and whether the state suffered substantial prejudice

Creates waiver provisions requiring the state to raise pleading defect objections either in a motion to dismiss before the responsive pleading deadline or in the responsive pleading itself, otherwise the objection is waived

Requires motions to dismiss based on pleading defects to be made no later than 120 days after filing of the note of issue, or no earlier than 30 days before trial if no note of issue is required