Bill > S08809

This bill amends existing law regarding the timelines for filing court documents, specifically focusing on third-party complaints, which are legal actions where a defendant brings a new party into a lawsuit because that new party might be responsible for some or all of the original plaintiff's claim. The bill modifies the "avoiding vexatious overuse of impleading to delay (AVOID) act" by extending the general deadline for a defendant to file a third-party complaint from sixty days after serving an answer to ninety days after serving an answer, though this can be extended by court order. It also clarifies that a third-party complaint cannot be filed after a "note of issue" (a document indicating a case is ready for trial) unless there's good cause or it's in the interest of justice. Additionally, the bill adjusts the general timeframe for serving legal documents after a lawsuit begins from 120 days to 120 days, with a special provision for cases with short statutes of limitations. Finally, it clarifies that these changes apply to all cases commenced on or after the effective date of the AVOID act, rather than just those pending.

Justice

https://www.nysenate.gov/legislation/bills/2025/S8809