What's happening
This bill limits when third-party defendants can be brought into civil cases, generally requiring it within ninety days after pretrial examinations.
Why it matters
This bill creates a strict 90-day deadline after pretrial examinations for defendants to bring in third-party defendants (unless all parties consent or the court grants an extension for good cause), increasing pressure for earlier case preparation and investigation.
By limiting late-stage addition of third parties, the bill aims to reduce delays and surprise litigation tactics, which may lead to faster, more predictable resolutions for plaintiffs and defendants.
Judicial discretion is preserved for “good cause,” but the expectation is that extensions will be rare, potentially restricting defendants’ ability to shift liability if new information arises after the deadline.
Attorneys and litigants will need to act more quickly to identify all potentially responsible parties, which could increase upfront legal costs and may disadvantage those with less immediate access to information or resources.
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Who cares
Headline styles
Limit Third-Party Lawsuit Timing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2956
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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.
LBD01178-01-9
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
2017-18 - S.9109/A.3954 - RULES/3rd Rdg. 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.