Bill > S08071

This bill, known as the "Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act", amends the civil practice law and rules to establish stricter time frames for filing third-party complaints in legal proceedings. The bill sets specific deadlines for defendants and third-party defendants to file third-party summons and complaints: 60 days after serving an answer for defendants with contractual relationships, 45 days for first third-party defendants, 30 days for second third-party defendants, and 20 days for subsequent third-party defendants. The bill limits extensions to no more than 30 days and prohibits filing third-party complaints 12 months after an initial answer without mutual consent from the plaintiff and the court. Additionally, the bill prevents filing third-party summons and complaints after a note of issue has been filed, with violations subject to severance or dismissal. There are exceptions for cases involving employer-related claims, particularly those seeking contribution or indemnification for grave injuries or where an employer's identity was previously unknown. The act will take effect 120 days after becoming law and will apply to cases pending on or after that date, but will not retroactively affect third-party summons and complaints already filed and served.

Budget and Finance, Justice

https://www.nysenate.gov/legislation/bills/2025/S8071