NY State Senate Bill 2017-S9109

Senate Bill S9109

2017-2018 Legislative Session

Establishes a time limit on utilizing third-party practice of no later than ninety days after completion of examinations before trial of the original parties

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to rules

2017-S9109 (ACTIVE) - Details

See Assembly Version of this Bill:: A3954
Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1007, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1076
2011-2012: A713
2013-2014: A357
2015-2016: A400
2019-2020: S2956, A2579
2021-2022: A1900
2023-2024: A1908

2017-S9109 (ACTIVE) - Summary

Establishes a time limit on the bringing of an impleader complaint (utilizing third-party practice) of no later than ninety days after completion of the examinations before trial of the parties in the main action unless consented to by the parties or upon written application of any of the parties to the main action or upon the consent of the court such time is extended.

2017-S9109 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9109

SPONSOR: RANZENHOFER
 
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 utilizing 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 lawsuit 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 plaintiffs claim against that defendant. 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:

2015-16 - A.400- Referred to Codes
2013-14 - A.357- Passed Assembly
2011-12 - A.713- Advanced to Third Reading Calendar
2009-10 - A. 1076-A - Passed Assembly
2007-08 - A. 1003 - Passed Assembly
2005-06 - A.1252 - Passed Assembly/S.3136 - Referred to Codes
2003-04 - A.1160 - Passed Assembly/S.3258 - Referred to Codes
2001-02 - A .8831B - Passed Assembly/S.6337 - Referred to Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first September next succeeding the
date on which it shall have become law and shall be applicable to all
actions commenced on and after such date.

2017-S9109 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9109
 
                             I N  S E N A T E
 
                               June 18, 2018
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 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:

   Section 1. Section 1007 of  the  civil  practice  law  and  rules,  as
 amended  by  chapter  216  of  the  laws  of 1992, is amended to read as
 follows:
   § 1007. When third-party practice allowed. After the service of  [his]
 THE  answer  BUT NO LATER THAN NINETY DAYS AFTER THE COMPLETION OF EXAM-
 INATIONS BEFORE  TRIAL  OF  THE  PARTIES  TO  THE  MAIN  ACTION,  UNLESS
 CONSENTED  TO  BY THE PARTIES OR, UPON WRITTEN APPLICATION OF ANY OF THE
 PARTIES IN THE MAIN ACTION, THE COURT, IN ITS DISCRETION,  EXTENDS  SUCH
 TIME  FOR  GOOD  CAUSE FOR THE DELAY, 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,] IMPLEAD A THIRD
 PARTY by filing pursuant to 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 simultane-
 ously upon issuance for service of  the  third-party  complaint  on  the
 third-party defendant.
   §  2.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a  law  and  shall  be
 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.
                                                            LBD03428-01-7

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