senate Bill S3762

Signed By Governor
2011-2012 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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A624 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.264
Jul 22, 2011 delivered to governor
Jun 22, 2011 returned to assembly
passed senate
3rd reading cal.1068
substituted for s3762
Jun 22, 2011 substituted by a624
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1068
Mar 03, 2011 referred to codes

S3762 - Details

See Assembly Version of this Bill:
A624
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1008, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S2042, A10151

S3762 - 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, or that jurisdiction was not obtained over the third-party plaintiff.

S3762 - Sponsor Memo

S3762 - Bill Text download pdf

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

                                  3762

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed 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 OR HER by  serving
copies  of  his OR HER answer upon the third-party plaintiff. The third-
party defendant may assert against the plaintiff in his  OR  HER  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, OR THAT JURISDICTION  WAS  NOT  OBTAINED  OVER  THE  THIRD-PARTY
PLAINTIFF.    The third-party defendant shall have the rights of a party
adverse to the other parties in the action, including the right to coun-
ter-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.
                                                           LBD03129-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.