Presentment is a procedural step in New York law with important outcomes for civil disputes, financial transactions, and criminal proceedings. While the term might sound technical, its correct application can decide if a legal action moves forward or fails. Knowing how presentment works, and what happens when it’s done incorrectly, can help people navigate legal processes. This article looks at its use in different legal areas under New York law.
Presentment in Civil Litigation
In New York civil cases, especially lawsuits against public corporations or the State, presentment usually involves a notice of claim. This notice must be given before starting a lawsuit. It gives the government body a chance to investigate, assess responsibility, gather evidence, and possibly settle before a formal lawsuit. New York General Municipal Law Section 50-e covers claims against public corporations (like cities and school districts), and the New York Court of Claims Act applies to actions against the State.
A notice of claim must be written, sworn, and include the claimant’s details, their attorney’s (if any), a clear description of the claim (what, when, where, how), and known injuries or damages. For many municipalities, it initially should not state a specific damage amount.
The notice must be served within ninety days after the claim arises (this period starts from estate representative appointment in wrongful death cases).1New York Public Law. N.Y. General Municipal Law Section 50-E – Notice of Claim (2025) Service is by personal delivery or registered/certified mail; some large cities allow electronic service. A municipality receiving an improperly served notice must return it within thirty days with reasons, possibly allowing re-service if the original was timely.
Actions against the State under the Court of Claims Act have distinct rules.2NYCOURTS.GOV. New York State Consolidated Laws: Court of Claims Act Tort claims against state employees require filing and service on the attorney general within ninety days; a timely notice of intention to file extends this to two years.3NYSenate.gov. Court of Claims Act Section 10 Breach of contract claims need filing/service within six months, also extendable to two years with a timely notice of intention. A timely notice of intention might be treated as the claim itself if detailed and not prejudicial to the State.
Presentment in Negotiable Instruments
Under New York’s Uniform Commercial Code (UCC) Article 3, presentment for items like checks and promissory notes means a demand for payment or acceptance.4New York Public Law. N.Y. Uniform Commercial Code Law Article 3 – Commercial Paper (2025) This demand is made by, or for, the person who has the right to enforce the instrument. It is directed to the party expected to pay, such as a bank for a check, or the maker of a note.
Presentment can be made in any commercially reasonable way (oral, written, or electronic) and is effective upon receipt. Instruments payable at a U.S. bank must be presented there; others at the specified payment place, or the payer’s business or residence.
The party receiving the demand can ask for certain things without refusing the instrument:
- Exhibition of the instrument.
- Reasonable identification of the person presenting it.
- Reasonable proof of authority if someone is presenting it for another person.
- A signed receipt for any payment made, whether partial or full.
- The instrument itself to be handed over if it’s paid in full.5New York Public Law. N.Y. Uniform Commercial Code Law Section 3-505 – Rights of Party to Whom Presentment Is Made (2025)
If these requests are not met, the presentment might not be valid, though the presenter often has a reasonable time to provide what’s needed. The instrument can also be returned without being dishonored if it’s missing a required indorsement or doesn’t follow its own terms or other rules.
Timing is important. Prompt presentment is required, with specific timeframes for items like checks (e.g., within thirty days for drawers, seven for indorsers) to hold parties liable.6New York Public Law. N.Y. Uniform Commercial Code Law Section 3-503 – Time of Presentment (2025) The instrument type, banking practices, and case specifics also determine reasonable time. Presentment is needed to make secondary parties (drawers, indorsers) responsible, unless excused. For instance, some drafts need presentment for acceptance, and notes payable at a bank need presentment for payment to hold these parties liable.
Presentment in Criminal Complaints
In New York criminal law, presentment often means a grand jury starting felony charges. This happens when a panel of citizens decides there is enough evidence for the case to be prosecuted in a superior court. The grand jury, following New York Criminal Procedure Law (CPL) Article 190, looks at evidence and helps ensure that charges are based on reasonable grounds.7New York Public Law. N.Y. Criminal Procedure Law Part 2 Title I Article 190 – The Grand Jury and Its Proceedings (2025)
To indict, a grand jury needs legally sufficient evidence and reasonable cause to believe the accused committed the offense (CPL Section 190.65).8New York Public Law. N.Y. Criminal Procedure Law Section 190.65 – Grand Jury; When Indictment Is Authorized (2025) An indictment, as defined by CPL Section 200.10, is a formal written accusation filed with a superior court, charging crimes.
Presenting the indictment means formally filing it with the superior court. It must meet CPL Section 200.50 requirements, like naming parties, detailing facts for each charged offense, and be signed by the grand jury’s foreperson.9New York Public Law. N.Y. Criminal Procedure Law Section 200.50 – Indictment; Form and Content (2025)
Once filed, the indictment is the foundation for felony prosecution, which must proceed by indictment in superior court. This presentment moves a case from the investigation stage to trial, formally notifying the defendant and requiring their appearance.
Consequences of Improper Presentment
Not following presentment procedures correctly in New York can stop legal claims or change financial responsibilities. In civil lawsuits against public entities, failing to properly present a notice of claim can end a lawsuit. If a claimant misses the deadline for serving the notice of claim, like the 90-day limit or specific timelines under the Court of Claims Act, the court might dismiss the case. Timely service is a requirement for the lawsuit; without it, the court may not have the power to hear the case, no matter how strong it is.
New York courts may allow late service of a notice of claim against public corporations. Claimants can request an extension (often within one year and ninety days of the event). Courts consider if the corporation knew the facts, if the claimant was incapacitated, or if there was a reasonable excuse for delay (though an excuse may not be needed if the corporation knew and wasn’t prejudiced).10NYSenate.gov. General Municipal Law Section 50-e – Notice of Claim Denial of late service usually prevents the claimant from suing.
Defects in the notice’s content can also lead to dismissal. Honest mistakes may be corrected or disregarded if the public corporation isn’t prejudiced. However, a substantial defect harming the entity’s investigation ability can deem the notice insufficient, leading to dismissal. The claimant often must show no prejudice occurred.
For negotiable instruments, improper presentment mainly affects secondary parties like drawers and indorsers. Incorrect or unduly delayed presentment without excuse discharges indorsers. For drawers or makers/acceptors of instruments payable at a bank, unexcused delay might discharge them to the extent of loss from the payor bank’s insolvency during that delay.
Failure to make required presentment can also prevent suing secondary parties. If UCC conditions for valid presentment aren’t met and payment is rightfully refused, a legal dishonor (needed to hold secondary parties liable) may not occur. Persistent failure means conditions to hold drawers or indorsers liable aren’t met, limiting recourse to the primary obligor or potentially no one.