Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 21, 2025 |
print number 8071a |
May 21, 2025 |
amend and recommit to judiciary |
May 15, 2025 |
referred to judiciary |
Senate Bill S8071
2025-2026 Legislative Session
Sponsored By
(D) 15th Senate District
Current Bill Status - In Senate Committee Judiciary Committee
- 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
Actions
Bill Amendments
2025-S8071 - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1007, CPLR
2025-S8071 - Sponsor Memo
BILL NUMBER: S8071 SPONSOR: ADDABBO TITLE OF BILL: An act to amend the civil practice law and rules, in relation to enact- ing the "avoiding vexatious overuse of impleading to delay (AVOID) act" PURPOSE: This bill establishes time limits in a civil action as to when defend- ants must implead so-called "third-party defendants" into the action that may be in whole or in part liable to them for the plaintiff's claim, and as to when those third-party defendants must implead subse- quent third-party defendants. The time limits ensure that defendants and third-party defendants implead all necessary parties within a year of the filing of the action and prevent defendant from deliberately post- poning the impleading of known or identifiable parties to delay the litigation. SUMMARY OF PROVISIONS:
2025-S8071 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8071 2025-2026 Regular Sessions I N S E N A T E May 15, 2025 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to enact- ing the "avoiding vexatious overuse of impleading to delay (AVOID) act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "avoiding vexatious overuse of impleading to delay (AVOID) act". § 2. 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. (A) After the service of [his] A DEFENDANT'S answer, [a] THE defendant may proceed against a person OR LEGAL ENTITY not a party who is or may be liable to that defendant for all or part of the plaintiff's claim against that defend- ant, 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 OR LEGAL ENTITY 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 OR LEGAL ENTITY so served shall be styled a third-party defend- ant. 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. (B) 1. A DEFENDANT SHALL PROCEED WITH THE FILING AND SERVING OF A THIRD-PARTY SUMMONS AND COMPLAINT AGAINST A PERSON OR LEGAL ENTITY WHO IS OR MAY BE LIABLE TO THAT DEFENDANT FOR ALL OR PART OF THE PLAINTIFF'S CLAIM AGAINST THAT DEFENDANT WITHIN SIXTY DAYS AFTER SERVING AN ANSWER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13132-01-5
2025-S8071A (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1007, CPLR
2025-S8071A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8071A SPONSOR: ADDABBO TITLE OF BILL: An act to amend the civil practice law and rules, in relation to enact- ing the "avoiding vexatious overuse of impleading to delay (AVOID) act" PURPOSE: This bill establishes time limits in a civil action as to when defend- ants must implead so-called "third-party defendants" into the action that may be in whole or in part liable to them for the plaintiff's claim, and as to when those third-party defendants must implead subse- quent third-party defendants. The time limits ensure that defendants and third-party defendants implead all necessary parties within a year of the filing of the action and prevent defendant from deliberately post- poning the impleading of known or identifiable parties to delay the litigation. SUMMARY OF PROVISIONS:
2025-S8071A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8071--A 2025-2026 Regular Sessions I N S E N A T E May 15, 2025 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- 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 enact- ing the "avoiding vexatious overuse of impleading to delay (AVOID) act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "avoiding vexatious overuse of impleading to delay (AVOID) act". § 2. 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. (A) After the service of [his] A DEFENDANT'S answer, [a] THE defendant may proceed against a person OR LEGAL ENTITY not a party who is or may be liable to that defendant for all or part of the plaintiff's claim against that defend- ant, 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 OR LEGAL ENTITY 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 OR LEGAL ENTITY so served shall be styled a third-party defend- ant. 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. (B) 1. A DEFENDANT SHALL PROCEED WITH THE FILING AND SERVING OF A THIRD-PARTY SUMMONS AND COMPLAINT AGAINST A PERSON OR LEGAL ENTITY WHO IS OR MAY BE LIABLE TO THAT DEFENDANT FOR ALL OR PART OF THE PLAINTIFF'S CLAIM AGAINST THAT DEFENDANT WITHIN SIXTY DAYS AFTER SERVING AN ANSWER UPON THE PLAINTIFF IN THE EVENT THAT SUCH LIABILITY ARISES FROM A
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