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Assembly Bill A1908

2023-2024 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 - In Assembly Committee

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2023-A1908 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
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
2019-2020: A2579
2021-2022: A1900

2023-A1908 (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.

2023-A1908 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1908
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00787-01-3

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