Establishes a time limit on utilizing third-party practice of no later than twenty days unless consented to by 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1908
SPONSOR: Dinowitz 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 twenty days after the filing of the note of issue.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends § 1007 of the civil practice law and
rules to establish a period under which a defendant may implead a third
party by requiring a defendant to do so within twenty after the filing
of the note of issue. This section also provides an exception to this
timeframe when consented to by the parties or upon written application
of any of the parties in the main action, the court determines good
cause is shown.
Section two of the bill provides the effective date.
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 twenty
days after the filing of the note of issue. The bill allows for an
exception to the 20 day rule if both parties consent or, upon written
application, the court determines good cause is shown.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.1900 - Judiciary
2019-20: A.2579-A - Third Reading Calendar
2017-18: A.3954 - Third Reading Calendar/S.9109- Referred to Rules
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.8831 - 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.
STATE OF NEW YORK
________________________________________________________________________
1908
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee 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 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 filing the note of issue and twenty days,
6 unless consented to by the parties or, upon written application of any
7 of the parties in the main action, the court, in its discretion, extends
8 such time for good cause for the delay, a defendant may [proceed against
9 a person not a party who is or may be liable to that defendant for all
10 or part of the plaintiff's claim against that defendant,] implead a
11 third-party by filing pursuant to section three hundred four of this
12 chapter a third-party summons and complaint with the clerk of the court
13 in the county in which the main action is pending, for which a separate
14 index number shall not be issued but a separate index number fee shall
15 be collected. The third-party summons and complaint and all prior plead-
16 ings served in the action shall be served upon such person within one
17 hundred twenty days of the filing. A defendant serving a third-party
18 complaint shall be styled a third-party plaintiff and the person so
19 served shall be styled a third-party defendant. The defendant shall also
20 serve a copy of such third-party complaint upon the plaintiff's attorney
21 simultaneously upon issuance for service of the third-party complaint on
22 the third-party defendant.
23 § 2. This act shall take effect on the first of September next
24 succeeding the date on which it shall have become a law and shall be
25 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.
LBD00787-01-3
