N.Y. Civil Practice Law & Rules Section 1007
When third-party practice allowed

After the service of his answer, a defendant may 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 defendant, by filing pursuant to § 304 (Method of commencing action or special proceeding)section three hundred four of this chapter a third-party summons and complaint with the clerk of the court in the county in which the main action is pending, for which a separate index number shall not be issued but a separate index number fee shall be collected. The third-party summons and complaint and all prior pleadings served in the action shall be served upon such person within one hundred twenty days of the filing. A defendant serving a third-party complaint shall be styled a third-party plaintiff and the person so served shall be styled a third-party defendant. The defendant shall also serve a copy of such third-party complaint upon the plaintiff’s attorney simultaneously upon issuance for service of the third-party complaint on the third-party defendant.

Source: Section 1007 — When third-party practice allowed, https://www.­nysenate.­gov/legislation/laws/CVP/1007 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 1007’s source at nysenate​.gov

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