Senate Bill S8071

2025-2026 Legislative Session

Enacts the avoiding vexatious overuse of impleading to delay (AVOID) act

download bill text pdf

Sponsored By

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

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

Bill Amendments

2025-S8071 - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1007, CPLR

2025-S8071 - Summary

Enacts the "avoiding vexatious overuse of impleading to delay (AVOID) act" which relates to time frames for certain court filings.

2025-S8071 - Sponsor Memo

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) - Summary

Enacts the "avoiding vexatious overuse of impleading to delay (AVOID) act" which relates to time frames for certain court filings.

2025-S8071A (ACTIVE) - Sponsor Memo

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
 
              

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.