Legislation
SECTION 1007
When third-party practice allowed
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 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.
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.