S T A T E   O F   N E W   Y O R K                   
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                                         1160                                  
                                                                               
                              2003-2004 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                   January 15, 2003                            
                                      ___________                              
                                                                               
       Introduced  by M. of A. KAUFMAN -- 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 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
   21  complaint upon the plaintiff`s attorney simultaneously upon issuance for
   22  service of the third-party complaint on the third-party defendant.      
   23    S 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.                     
                                                                  LBD05032-01-3
.SO DOC A 1160          *END*                    BTXT                 2003