Bill Text: NY A02579 | 2019-2020 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-27 - advanced to third reading cal.420 [A02579 Detail]

Download: New_York-2019-A02579-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2579--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 24, 2019
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary -- reported and referred to the Committee on Codes --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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.
                                                                   LBD01178-02-9