Senate Bill S8809

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8809
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in  relation  to  time
   frames  for  certain court filings; and to amend a chapter of the laws
   of 2025 amending the civil practice law and rules relating to enacting
   the "avoiding vexatious overuse of impleading to delay  (AVOID)  act",
   as  proposed  in  legislative  bills numbers S. 8071-A and A. 8728, in
   relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions (b), (c), (d), and (e) of section 1007 of the
 civil practice law and rules, as added by a chapter of the laws of  2025
 amending  the  civil  practice  law  and  rules relating to enacting the
 "avoiding vexatious overuse of impleading to delay    (AVOID)  act",  as
 proposed in legislative bills numbers S. 8071-A and A. 8728, are amended
 to read as follows:
   (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
 contractual  relationship between the defendant and such person or enti-
 ty, or otherwise within sixty days of becoming aware that such person is
 or may be liable to the defendant for  all  or  part  of  a  plaintiff's
 claim.
   2.  A  third-party  defendant  who proceeds with the filing of its own
 third-party summons and complaint, becoming in effect  a  second  third-
 party  plaintiff,  shall  proceed  with  the  filing and serving of such
 summons and complaint against a  second  third-party  defendant,  within
 forty-five days after serving an answer.
   3. A second third-party defendant who then proceeds with the filing of
 its  own  third-party  summons and complaint, becoming in effect a third
 third-party plaintiff, shall proceed with the filing and serving of such

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13132-04-6
              

 S. 8809                             2

 summons and complaint against a third third-party defendant within thir-
 ty days after serving an answer.
   4.  Any subsequent third-party defendant, who proceeds with the filing
 of its own third-party summons and  complaint,  becoming  in  effect  an
 additional  third-party plaintiff, shall proceed with the filing of such
 summons and complaint against an additional third-party defendant within
 twenty days after serving an answer.
   5. There shall be no extensions of the time periods set forth in  this
 subdivision  longer  than  thirty  days  without  an order of the court,
 provided that a defendant or third-party defendant may not proceed  with
 the filing and serving a third-party summons and complaint twelve months
 after  having  filed  an answer in the action without written consent of
 both the plaintiff and the court] NOT FILE  A  THIRD-PARTY  SUMMONS  AND
 COMPLAINT  MORE  THAN  NINETY  DAYS  AFTER SERVING ITS ANSWER WITHOUT AN
 ORDER OF THE COURT.
   (c) [Notwithstanding subdivision (b) of this section, a  defendant  or
 third-party  defendant  may  not proceed with the filing of a] NO third-
 party summons and complaint MAY BE FILED after the filing of a  note  of
 issue UNLESS UPON GOOD CAUSE SHOWN OR IN THE INTEREST OF JUSTICE.
   (D)  An action filed in violation of this subdivision shall be severed
 or dismissed without prejudice.
   [(d) The time periods set forth in] (E)  NOTWITHSTANDING  subdivisions
 (b)  and  (c)  of  this  section  [shall not apply when], a defendant or
 third-party defendant [seeks to] MAY file [and proceed  with]  a  third-
 party summons and complaint against an employer of the plaintiff [in the
 event  that either: 1. the defendant or third-party defendant is seeking
 contribution or indemnification for a  grave  injury  as  such  term  in
 defined  in  section  eleven of the workers' compensation law, or 2. the
 identity of such employer had not been known to the defendant or  third-
 party defendant or otherwise identified until the such time periods have
 expired.  In  either  instance,  the  defendant or third-party defendant
 shall proceed with the filing and serving of  a  summons  and  complaint
 within  one  hundred  twenty  days  after  the later of either event. An
 action in violation of this subdivision shall not be allowed to  proceed
 without  written consent of both the plaintiff and the court] WITHOUT AN
 ORDER OF THE COURT WITHIN NINETY DAYS AFTER THE LATER OF: 1.   THE  DATE
 THE  IDENTITY  OF  THE  EMPLOYER  OF  THE PLAINTIFF BECOMES KNOWN TO THE
 DEFENDANT OR THIRD-PARTY DEFENDANT, OR 2.  THE  DATE  THE  DEFENDANT  OR
 THIRD-PARTY  DEFENDANT  KNOWS  OR  SHOULD KNOW THE PLAINTIFF SUSTAINED A
 GRAVE INJURY, AS SUCH TERM IS DEFINED IN SECTION ELEVEN OF THE  WORKERS'
 COMPENSATION LAW.
   [(e)]  (F)  In  the  event  a  third-party  action is severed from the
 initial action PURSUANT TO THIS SECTION,  and  a  third-party  plaintiff
 proceeds  to  initiate  a  new  action  by  the  filing of a summons and
 complaint against a severed third-party defendant, any motion to consol-
 idate such actions shall not be permitted.
   § 2. Section 306-b of the civil practice law and rules, as amended  by
 chapter 473 of the laws of 2011, is amended to read as follows:
   §  306-b.  Service  of the summons and complaint, summons with notice,
 [third-party summons and complaint,] or petition with a notice of  peti-
 tion  or  order  to  show  cause.  Service of the summons and complaint,
 summons with notice, [third-party summons and  complaint,]  or  petition
 with  a  notice  of petition or order to show cause shall be made within
 one hundred twenty days after the commencement of the action or proceed-
 ing, provided that in an  action  or  proceeding,  except  a  proceeding
 commenced  under the election law, where the applicable statute of limi-
 S. 8809                             3

 tations is four months or less, service shall be  made  not  later  than
 fifteen  days  after the date on which the applicable statute of limita-
 tions expires.  If service is not made upon a defendant within the  time
 provided  in  this  section,  the  court, upon motion, shall dismiss the
 action without prejudice as to that defendant, or upon good cause  shown
 or in the interest of justice, extend the time for service.
   §  3.  Section  3  of a chapter of the laws of 2025 amending the civil
 practice law and rules relating  to  enacting  the  "avoiding  vexatious
 overuse of impleading to delay  (AVOID) act", as proposed in legislative
 bills numbers S. 8071-A and A. 8728, is amended to read as follows:
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a  law  and  shall apply to ALL cases [pending]
 COMMENCED on or after such date[; provided, however, this act shall  not
 apply to any third-party summons and complaint filed and served prior to
 the effective date of this act].
   §  4.  This  act  shall  take  effect  immediately; provided, however,
 sections one and two of this act shall take effect on the same date  and
 in  the  same manner as a chapter of the laws of 2025 amending the civil
 practice law and rules relating  to  enacting  the  "avoiding  vexatious
 overuse of impleading to delay  (AVOID) act", as proposed in legislative
 bills numbers S. 8071-A and A. 8728, takes effect.