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Assembly Bill A1076

2009-2010 Legislative Session

Establishes a time limit on utilizing third-party practice of no later than ninety days after completion of examinations before trial of the original parties

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2009-A1076 - Details

Current Committee:
Senate Codes
Versions Introduced in Other Legislative Sessions:
2011-2012: A713
2013-2014: A357
2015-2016: A400
2017-2018: A3954
2019-2020: A2579
2021-2022: A1900
2023-2024: A1908

2009-A1076 - Summary

Establishes a time limit on the bringing of an impleader complaint (utilizing third-party practice) of no later than ninety days after completion of the examinations before trial of the parties in the main action unless consented to be the parties or upon written application of any of the parties to the main action or upon the consent of the court such time is extended.

2009-A1076 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1076

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend the civil practice law and rules, in relation to when
  third-party practice is allowed

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1007  of  the  civil  practice law and rules, as
amended by chapter 216 of the laws  of  1992,  is  amended  to  read  as
follows:
  S  1007. When third-party practice allowed. After the service of [his]
THE answer BUT NO LATER THAN NINETY DAYS AFTER THE COMPLETION  OF  EXAM-
INATIONS  BEFORE  TRIAL  OF  THE  ORIGINAL PARTIES TO THE ACTION, UNLESS
CONSENTED TO BY THE PARTIES OR, UPON WRITTEN APPLICATION OF ANY  OF  THE
ORIGINAL  PARTIES,  THE  COURT, IN ITS DISCRETION, EXTENDS SUCH TIME FOR
GOOD CAUSE, a defendant may [proceed against a person not a party who is
or may be liable to that defendant for all or part  of  the  plaintiff's
claim  against that defendant,] IMPLEAD A THIRD PARTY by filing pursuant
to section three hundred four of this chapter a third-party summons  and
complaint  with  the  clerk of the court in the county in which the main
action is pending, for which a separate index number shall not be issued
but a separate index number fee  shall  be  collected.  The  third-party
summons and complaint and all prior pleadings served in the action shall
be served upon such person within one hundred twenty days of the filing.
A defendant serving a third-party complaint shall be styled a third-par-
ty  plaintiff  and  the  person  so served shall be styled a third-party
defendant. The defendant shall also serve a  copy  of  such  third-party
complaint upon the plaintiff's attorney simultaneously upon issuance for
service of the third-party complaint on the third-party defendant.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a  law  and  shall  be
applicable to all actions commenced on and after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2009-A1076A (ACTIVE) - Details

Current Committee:
Senate Codes
Versions Introduced in Other Legislative Sessions:
2011-2012: A713
2013-2014: A357
2015-2016: A400
2017-2018: A3954
2019-2020: A2579
2021-2022: A1900
2023-2024: A1908

2009-A1076A (ACTIVE) - Summary

Establishes a time limit on the bringing of an impleader complaint (utilizing third-party practice) of no later than ninety days after completion of the examinations before trial of the parties in the main action unless consented to be the parties or upon written application of any of the parties to the main action or upon the consent of the court such time is extended.

2009-A1076A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1076--A
                                                         Cal. No. 80

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee  on Codes -- reported from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to  amend the civil practice law and rules, in relation to when
  third-party practice is allowed

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1007  of  the  civil  practice law and rules, as
amended by chapter 216 of the laws  of  1992,  is  amended  to  read  as
follows:
  S  1007. When third-party practice allowed. After the service of [his]
THE answer BUT NO LATER THAN NINETY DAYS AFTER THE COMPLETION  OF  EXAM-
INATIONS  BEFORE  TRIAL  OF  THE  PARTIES  TO  THE  MAIN  ACTION, UNLESS
CONSENTED TO BY THE PARTIES OR, UPON WRITTEN APPLICATION OF ANY  OF  THE
PARTIES  IN  THE MAIN ACTION, THE COURT, IN ITS DISCRETION, EXTENDS SUCH
TIME FOR GOOD CAUSE FOR THE DELAY, a defendant may  [proceed  against  a
person  not a party who is or may be liable to that defendant for all or
part of the plaintiff's claim against that defendant,] IMPLEAD  A  THIRD
PARTY by filing pursuant to section three hundred four of this chapter a
third-party  summons  and  complaint  with the clerk of the court in the
county in which the main action is pending, for which a  separate  index
number  shall  not  be  issued  but a separate index number fee shall be
collected. The third-party summons and complaint and all prior pleadings
served in the action shall be served upon such person within one hundred
twenty days of the filing.  A defendant serving a third-party  complaint
shall  be  styled a third-party plaintiff and the person so served shall
be styled a third-party defendant. The defendant shall also serve a copy
of such third-party complaint upon the plaintiff's  attorney  simultane-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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