Bill Text: NY S09109 | 2017-2018 | General Assembly | Introduced

---

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 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-18 - REFERRED TO RULES [S09109 Detail]

Download: New_York-2017-S09109-Introduced.html

---

                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 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 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    §  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.
                                                                   LBD03428-01-7