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A01076 Summary:

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A01076 Floor Votes:

A01076 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1076--A
                                                                 Cal. No. 80
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee  on Codes -- reported from committee, advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of

          third reading
 
        AN  ACT  to  amend the civil practice law and rules, in relation to when
          third-party practice is allowed
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  1007  of  the  civil  practice law and rules, as
     2  amended by chapter 216 of the laws  of  1992,  is  amended  to  read  as
     3  follows:
     4    §  1007. When third-party practice allowed. After the service of [his]
     5  the answer but no later than ninety days after the completion  of  exam-
     6  inations  before  trial  of  the  parties  to  the  main  action, unless
     7  consented to by the parties or, upon written application of any  of  the
     8  parties  in  the main action, the court, in its discretion, extends such

     9  time for good cause for the delay, a defendant may  [proceed  against  a
    10  person  not a party who is or may be liable to that defendant for all or
    11  part of the plaintiff's claim against that defendant,] implead  a  third
    12  party by filing pursuant to section three hundred four of this chapter a
    13  third-party  summons  and  complaint  with the clerk of the court in the
    14  county in which the main action is pending, for which a  separate  index
    15  number  shall  not  be  issued  but a separate index number fee shall be
    16  collected. The third-party summons and complaint and all prior pleadings
    17  served in the action shall be served upon such person within one hundred
    18  twenty days of the filing.  A defendant serving a third-party  complaint
    19  shall  be  styled a third-party plaintiff and the person so served shall

    20  be styled a third-party defendant. The defendant shall also serve a copy
    21  of such third-party complaint upon the plaintiff's  attorney  simultane-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02595-02-9
        A. 1076--A                          2
 
     1  ously  upon  issuance  for  service  of the third-party complaint on the
     2  third-party defendant.
     3    §  2.  This  act  shall  take  effect  on  the first of September next
     4  succeeding the date on which it shall have become a  law  and  shall  be
     5  applicable to all actions commenced on and after such date.