What's happening
This bill sets a 90-day deadline after pre-trial examinations for defendants to bring third-party claims in civil actions, with possible extensions for good cause.
Why it matters
Creates a stricter timeline for defendants to bring in third parties. , which could speed up civil litigation by reducing delays from late third-party filings. This may help plaintiffs and courts reach resolution faster and avoid disruptions late in the case.
Promotes greater certainty and fairness in the litigation process. , since all parties will know earlier who is involved in the case and can prepare accordingly, leading to more effective discovery and trial preparation.
Allows for judicial flexibility. by permitting courts to extend the 90-day deadline for “good cause,” balancing efficiency with the need to accommodate complex or unusual cases where additional time is justified.
May increase pressure on defendants and their attorneys. to investigate potential third-party claims early, potentially raising up-front litigation costs and requiring more diligence at the outset of a case.
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Who cares
Headline styles
Set Deadline for Third-Party Claims
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Referred to rules
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.
Limit Time for Third-Party Claims
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9109
IN SENATE
June 18, 2018
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to when third-party practice is allowed
Purpose or general idea of bill
Establishes a time limit on utilizing third-party practice of no later than ninety days after completion of examinations before trial of the original parties
Summary of specific provisions
Amends section 1007 of the Civil Practice Law and Rules.
Justification
A defendant in a lawsuit is currently allowed to proceed against a person not a party who is or may be liable to that defendant for all or part of the plaintiffs claim against that defendant. However, many times defendants wait until the eve of trial to bring in another defendant to the detriment of everyone else involved. This bill would establish a time limit on utilizing third-party practice of no later than ninety days after completion of examinations before trial of the original parties. The bill allows for an exception to the 90 day rule if both parties consent or, upon written application, the court determines good cause is shown.
Prior legislative history
2015-16 - A.400- Referred to Codes 2013-14 - A.357- Passed Assembly 2011-12 - A.713- Advanced to Third Reading Calendar 2009-10 - A. 1076-A - Passed Assembly 2007-08 - A. 1003 - Passed Assembly 2005-06 - A.1252 - Passed Assembly/S.3136 - Referred to Codes 2003-04 - A.1160 - Passed Assembly/S.3258 - Referred to Codes 2001-02 - A .8831B - Passed Assembly/S.6337 - Referred to Codes
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the first September next succeeding the date on which it shall have become law and shall be applicable to all actions commenced on and after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.