Court of Claims Act § 10(6) permits a court, in its discretion, to allow a claimant to file a late claim. In exercising its discretion, the court shall consider whether the delay in filing the claim was excusable; whether the state had notice of the essential facts constituting the claim; whether the state had an opportunity to investigate the circumstances underlying the claim; whether the claim appears to be meritorious; whether the failure to file or serve upon the attorney general a timely claim resulted in substantial prejudice to the state; and whether the claimant has any other available remedy. 'No one factor is deemed controlling, nor is the presence or absence of any one factor determinative. However, if a claim is legally deficient, leave to file a late claim should be denied even if the other factors favor the granting of the request.
Notice of the essential facts constituting the claim requires knowledge of the facts that underlie the legal theory or theories on which liability is predicated, and not merely notice of the accident itself.
Kissoon v. State of New York, NY Slip Op 07292 (2d Dep't December 24, 2025)
