Legislation
SECTION 1008
Answer of third-party defendant; defenses
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 10
§ 1008. Answer of third-party defendant; defenses. The third-party
defendant shall answer the claim asserted against him or her by serving
copies of his or her answer upon the third-party plaintiff. The
third-party defendant may assert against the plaintiff in his or her
answer any defenses which the third-party plaintiff has to the
plaintiff's claim except an objection or defense that the summons and
complaint, summons with notice or notice of petition and petition was
not properly served, or that jurisdiction was not obtained over the
third-party plaintiff. The third-party defendant shall have the rights
of a party adverse to the other parties in the action, including the
right to counter-claim, cross-claim and appeal.
defendant shall answer the claim asserted against him or her by serving
copies of his or her answer upon the third-party plaintiff. The
third-party defendant may assert against the plaintiff in his or her
answer any defenses which the third-party plaintiff has to the
plaintiff's claim except an objection or defense that the summons and
complaint, summons with notice or notice of petition and petition was
not properly served, or that jurisdiction was not obtained over the
third-party plaintiff. The third-party defendant shall have the rights
of a party adverse to the other parties in the action, including the
right to counter-claim, cross-claim and appeal.