STATE OF NEW YORK
       ________________________________________________________________________
 
                                        8831--B
                                                                  R. R. 754
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                     May 17, 2001
                                      ___________
 
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Kaufman) --
         read once  and  referred  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee -- passed by Assembly and delivered to the Senate,
         recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
         reprinted, retaining its place on the special 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    §  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  original parties to the action, unless
    7  consented to by the parties or, upon written application of any  of  the
    8  original  parties,  the  court, in its discretion, extends such time for
    9  good cause, a defendant may [proceed against a person not a party who is
   10  or may be liable to that defendant for all or part  of  the  plaintiff's
   11  claim  against that defendant,] implead a third party by filing pursuant
   12  to section three hundred four of this chapter a third-party summons  and
   13  complaint  with  the  clerk of the court in the county in which the main
   14  action is pending, for which a separate index number shall not be issued
   15  but a separate index number fee  shall  be  collected.  The  third-party
   16  summons and complaint and all prior pleadings served in the action shall
   17  be served upon such person within one hundred twenty days of the filing.
   18  A defendant serving a third-party complaint shall be styled a third-par-
   19  ty  plaintiff  and  the  person  so served shall be styled a third-party
   20  defendant. The defendant shall also serve a  copy  of  such  third-party
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10782-03-1

       A. 8831--B                          2
 
    1  complaint upon the plaintiff's attorney simultaneously upon issuance for
    2  service of the third-party complaint on the third-party defendant.
    3    §  2.  This  act  shall take effect on the first day 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.

 
BILL NUMBER: A8831B
 
SPONSOR: Rules (Kaufman)

 
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 utiliz-
ing third-party practice of no later than ninety days after completion
of examinations before trial of the original parties.
 
 
SUMMARY OF SPECIFIC PROVISIONS:  Amends section 1007 of the civil
practice law and rules
 
 
JUSTIFICATION:  A defendant in a law suit 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 plaintiff's claim against that defend-
ant. 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 ninety days after completion of examinations before trial
of the original parties.
 
The bill allows for an exception to the 90 day rule if both parties
consent or, upon written application, the court determines good cause is
shown.
 
 
PRIOR LEGISLATIVE HISTORY:  New bill
 
 
FISCAL IMPLICATIONS:  None
 
 
EFFECTIVE DATE:  This act shall take effect on September 1 next
succeeding the date on which it becomes law and shall be applicable to
all actions commenced on and after that date.