Bill Text: NY A00713 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-02 - advanced to third reading cal.315 [A00713 Detail]

Download: New_York-2011-A00713-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          713
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (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    S  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    S 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