N.Y. CPLR § 1007

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1007 When third-party practice allowed § 1007. When third-party practice allowed. (a) After the service of adefendant's answer, the defendant may proceed against a person or legalentity not a party who is or may be liable to that defendant for all orpart of the plaintiff's claim against that defendant, by filing pursuantto section three hundred four of this chapter a third-party summons andcomplaint with the clerk of the court in the county in which the mainaction is pending, for which a separate index number shall not be issuedbut a separate index number fee shall be collected. The third-partysummons and complaint and all prior pleadings served in the action shallbe served upon such person or legal entity within twenty days of thefiling. A defendant serving a third-party complaint shall be styled athird-party plaintiff and the person or legal entity so served shall bestyled a third-party defendant. The defendant shall also serve a copy ofsuch third-party complaint upon the plaintiff's attorney simultaneouslyupon issuance for service of the third-party complaint on thethird-party defendant.(b) A defendant shall not file a third-party summons and complaintmore than ninety days after serving its answer without an order of thecourt.(c) No third-party summons and complaint may be filed after the filingof a note of issue unless upon good cause shown or in the interest ofjustice.(d) An action filed in violation of this subdivision shall be severedor dismissed without prejudice.(e) Notwithstanding subdivisions (b) and (c) of this section, adefendant or third-party defendant may file a third-party summons andcomplaint against an employer of the plaintiff without an order of thecourt within ninety days after the later of: 1. the date the identity ofthe employer may file a third-party summons andcomplaint against an employer of the plaintiff without an order of thecourt within ninety days after the later of: 1. the date the identity ofthe employer of the plaintiff becomes known to the defendant orthird-party defendant, or 2. the date the defendant or third-partydefendant knows or should know the plaintiff sustained a grave injury,as such term is defined in section eleven of the workers' compensationlaw.(f) In the event a third-party action is severed from the initialaction pursuant to this section, and a third-party plaintiff proceeds toinitiate a new action by the filing of a summons and complaint against asevered third-party defendant, any motion to consolidate such actionsshall not be permitted.