Establishes a time limit on the bringing of an impleader complaint (utilizing third-party practice) of no later than ninety days after completion of the examinations before trial of the parties in the main action unless consented to be the parties or upon written application of any of the parties to the main action or upon the consent of the court such time is extended.
STATE OF NEW YORK
________________________________________________________________________
713
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
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-
22 ously upon issuance for service of the third-party complaint on the
23 third-party defendant.
24 § 2. This act shall take effect on the first of September next
25 succeeding the date on which it shall have become a law and shall be
26 applicable to all actions commenced on and after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04340-01-1
