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This entry was published on 2014-09-22
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When third-party practice allowed
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 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.