Bill > A08728

This bill enacts the "Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act," which modifies the rules for third-party practice in civil litigation. The bill establishes strict time frames for filing third-party summons and complaints, requiring defendants to file such documents within 60 days of serving their initial answer if the liability arises from a contractual relationship, or within 60 days of becoming aware of potential liability. Subsequent third-party defendants have progressively shorter time frames to file their own third-party complaints: 45 days for a second third-party plaintiff, 30 days for a third third-party plaintiff, and 20 days for any additional third-party plaintiffs. The bill prohibits extensions beyond 30 days without court approval and prevents filing third-party summons and complaints more than 12 months after the initial answer without consent from both the plaintiff and the court. Additionally, the bill restricts third-party filings after a note of issue has been filed and provides exceptions for cases involving employer third-party defendants seeking contribution or indemnification for grave injuries. The law 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 filed before the effective date.

Budget and Finance, Justice

https://www.nysenate.gov/legislation/bills/2025/A8728