Effective April 18, 2026, the rule governing third-party practice in New York, CPLR § 1007, has been amended to limit the time within which a defendant may implead a nonparty. These amendments are the result of the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act and a subsequent law passed in February 2026.
The now-effective CPLR § 1007 provides that a defendant must commence a third-party action within 90 days after service of its Answer, unless the Court orders otherwise. See CPLR § 1007(b). The defendant-third-party plaintiff must serve the third-party summons and complaint on the plaintiff’s attorney and third-party defendant within 20 days of filing. See CPLR § 1007(a). A third-party action now cannot be commenced after the filing of the Note of Issue unless upon good cause shown or in the interest of justice. See CPLR § 1007(c).
Notwithstanding these limitations, a defendant or third-party defendant may file a third-party summons and complaint against an employer of the plaintiff without needing an Order of the Court permitting same within 90 days after the later of: (i) when the defendant or third-party defendant learns the identity of the plaintiff’s employer; or (ii) when the defendant or third-party defendant knows or should have known that the plaintiff sustained a grave injury for purposes of the Workers’ Compensation Law. See CPLR § 1007(e). Any third-party action filed in violation of the statute must be either severed or dismissed without prejudice. See CPLR § 1007(d). In addition, if a third-party action is severed from the main action, and the third-party plaintiff commences a new action against a severed third-party defendant, any motion to consolidate such actions shall not be permitted. See CPLR § 1007(f).
Practitioners should take care to review the newly-revised CPLR § 1007 to familiarize themselves with the new rules governing impleaders. While it is too soon for these new amendments to have been litigated, we will continue to monitor for new developments and issue future alerts if and when the Courts begin to interpret CPLR § 1007.
Legislative Alert is published by the Appellate Practice Group of Martin Clearwater & Bell LLP to inform clients about significant legal developments. This publication is intended for general information only and should not be used for specific action without obtaining legal advice. If you would like further information about the services of Martin Clearwater & Bell LLP, please contact Barbara D. Goldberg at (212) 916-0989 or goldbb@mcblaw.com, Richard Wolf at (212) 916-0963 or richard.wolf@mcblaw.com, or Andrew J. Fisher at (212) 916-0910 or andrew.fisher@mcblaw.com.
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