What's happening
This bill limits when third-party practice is allowed in civil cases, imposing a 90-day deadline after pretrial examinations.
Why it matters
Imposes a strict 90-day deadline after pretrial examinations. for defendants to bring in third parties (e.g., other potentially liable parties), which could speed up litigation and limit last-minute surprises in court.
Allows exceptions only if all parties consent or the court grants an extension for good cause. , making it harder for defendants to delay or strategically time third-party claims to disrupt proceedings.
Aims to streamline court processes and improve fairness. for plaintiffs and third parties by reducing late-stage changes to the case, potentially leading to quicker resolutions and more predictable litigation timelines.
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Who cares
Defendants and defense attorneys
The bill would require defendants to file third-party claims no later than 90 days after completion of the original parties’ examinations before trial, unless the parties consent or the court grants an extension.
Plaintiffs and plaintiffs’ attorneys
They would face a defined deadline for defendants to bring third parties into the case, with later filings permitted by consent or a court extension for good cause.
Potential third-party defendants
The bill would limit when defendants could bring them into an existing lawsuit, subject to the consent and extension exceptions.
Civil courts
Courts would have discretion to extend the deadline for good cause for the delay upon a written application by any party to the main action.
Headline styles
Limit Time for Third-Party Claims
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Advanced to third reading cal.865
- Reported
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Set Deadline for Third-Party Claims
In Senate Committee · Rules · Sponsor Michael H. Ranzenhofer
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3954
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. DINOWITZ -- read once and referred to the Committee 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 Assembly, do enact as follows:
Section 1. Section 1007 of the civil practice law and rules, as amended by chapter 216 of the laws of 1992, is amended to read as follows:
§ 1007. When third-party practice allowed. After the service of [his] the answer but no later than ninety days after the completion of examinations before trial of the parties to the main action, unless consented to by the parties or, upon written application of any of the parties in the main action, the court, in its discretion, extends such time for good cause for the delay, 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,] implead a third party 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.
§ 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law and shall be 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.
LBD03428-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.