Assembly Bill A3954

2017-2018 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2017-A3954 (ACTIVE) - Details

See Senate Version of this Bill:
S9109
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1007, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1076
2011-2012: A713
2013-2014: A357
2015-2016: A400
2019-2020: A2579, S2956
2021-2022: A1900
2023-2024: A1908

2017-A3954 (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 by 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.

2017-A3954 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3954
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 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:
   §  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.
   § 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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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