Legislation
SECTION 1010
Dismissal or separate trial of third-party complaint
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
Rule 1010. Dismissal or separate trial of third-party complaint. The
court may dismiss a third-party complaint without prejudice, order a
separate trial of the third-party claim or of any separate issue
thereof, or make such other order as may be just. In exercising its
discretion, the court shall consider whether the controversy between the
third-party plaintiff and the third-party defendant will unduly delay
the determination of the main action or prejudice the substantial rights
of any party.
court may dismiss a third-party complaint without prejudice, order a
separate trial of the third-party claim or of any separate issue
thereof, or make such other order as may be just. In exercising its
discretion, the court shall consider whether the controversy between the
third-party plaintiff and the third-party defendant will unduly delay
the determination of the main action or prejudice the substantial rights
of any party.