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Assembly Bill A713

2011-2012 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 - On Floor Calendar

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2011-A713 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1007, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1076
2013-2014: A357
2015-2016: A400
2017-2018: A3954
2019-2020: A2579
2021-2022: A1900
2023-2024: A1908

2011-A713 (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.

2011-A713 (ACTIVE) - Bill Text download pdf 

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

                                   713

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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  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-
ously  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.

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