Legislation

* § 1007. When third-party practice allowed. After the service of his
answer, 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, 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 simultaneously upon issuance for service of the
third-party complaint on the third-party defendant.

* NB Effective until April 18, 2026

* § 1007. When third-party practice allowed. (a) After the service of
a defendant's answer, 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 defendant, 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 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 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.

(b) A defendant shall not file a third-party summons and complaint
more than ninety days after serving its answer without an order of the
court.

(c) 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.

(e) Notwithstanding subdivisions (b) and (c) of this section, a
defendant or third-party defendant may file a third-party summons and
complaint against an employer of the plaintiff 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.

(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 consolidate such actions
shall not be permitted.

* NB Effective April 18, 2026