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Assembly Bill A4584

2009-2010 Legislative Session

Provides that certain defenses relating to proper service on a third-party plaintiff by a plaintiff may not be asserted in the answer of a third-party defendant

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A4584 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1008, CPLR

2009-A4584 (ACTIVE) - Summary

Prohibits a third-party defendant from asserting an objection or defense that the summons and complaint, summons with notice or notice of petition and petition were not properly served.

2009-A4584 (ACTIVE) - Bill Text download pdf 

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

                                  4584

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN ACT to amend the civil practice law and rules, in relation to assert-
  able defenses of a third-party defendant

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

  Section 1. Section 1008 of the civil practice law and rules is amended
to read as follows:
  S 1008. Answer of third-party  defendant;  defenses.  The  third-party
defendant  shall answer the claim asserted against him by serving copies
of his answer upon the third-party plaintiff. The third-party  defendant
may  assert  against  the plaintiff in his answer any defenses which the
third-party plaintiff has to the plaintiff's claim EXCEPT  AN  OBJECTION
OR DEFENSE THAT THE SUMMONS AND COMPLAINT, SUMMONS WITH NOTICE OR NOTICE
OF  PETITION  AND  PETITION  WAS  NOT PROPERLY SERVED.   The third-party
defendant shall have the rights of a party adverse to the other  parties
in  the  action,  including  the right to counter-claim, cross-claim and
appeal.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04779-01-9

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