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Assembly Bill A2579A

2019-2020 Legislative Session

Establishes a time limit on utilizing third-party practice of no later than twenty days

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2019-A2579 - Details

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
2017-2018: A3954
2021-2022: A1900
2023-2024: A1908

2019-A2579 - Summary

Establishes a time limit on utilizing third-party practice of no later than twenty days 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.

2019-A2579 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2579
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 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

2019-A2579A (ACTIVE) - Details

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
2017-2018: A3954
2021-2022: A1900
2023-2024: A1908

2019-A2579A (ACTIVE) - Summary

Establishes a time limit on utilizing third-party practice of no later than twenty days 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.

2019-A2579A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2579--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary -- reported and referred to the Committee on Codes --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 FILING THE NOTE OF ISSUE AND TWENTY DAYS,
 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 plead-
 ings  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
 simultaneously 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.

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