Bill Text: NY A01076 | 2009-2010 | General Assembly | Amended

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Bill Title: An act to amend the civil practice law and rules, in relation to when third-party practice is allowed

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-02-01 - REFERRED TO CODES [A01076 Detail]

Download: New_York-2009-A01076-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1076--A
                                                                Cal. No. 80
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee  on Codes -- reported from committee, advanced to a third reading,
         amended and ordered reprinted, retaining its place  on  the  order  of
         third reading
       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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02595-02-9
       A. 1076--A                          2
    1  ously  upon  issuance  for  service  of the third-party complaint on the
    2  third-party defendant.
    3    S  2.  This  act  shall  take  effect  on  the first of September next
    4  succeeding the date on which it shall have become a  law  and  shall  be
    5  applicable to all actions commenced on and after such date.