Enacts the avoiding vexatious overuse of impleading to delay (AVOID) act

New York defendants face tighter claim deadlines

The law limits when defendants in New York civil cases can bring another party into the lawsuit to share liability. Defendants must file and serve these claims within 60 days after serving their answer for liability based on a contract. For other liability, the 60 days starts when they learn another party may be liable. As added parties bring claims against more parties, deadlines shorten to 45, 30, then 20 days after serving their answers. The law also sets a 120-day deadline after filing to serve the third-party papers and earlier pleadings. Extensions longer than 30 days require a court order. Starting a claim more than 12 months after filing an answer requires written consent from both the plaintiff and court. Defendants cannot file after a note of issue, the court filing marking the case ready for trial. Claims filed after that cutoff face separation from the main case or dismissal without blocking a later lawsuit. Special rules apply to claims against the plaintiff’s employer seeking repayment or shared liability for a legally defined grave injury. They also apply when the employer was unknown or could not reasonably be identified before the deadlines. These claims are exempt from the usual deadlines and trial-readiness cutoff. Instead, filing and service are due within 120 days after the later of two events specified in the law. Missing that special deadline requires written consent from both the plaintiff and court to proceed. Third-party claims are filed with the clerk in the county of the main case. A separate case-number fee is collected, although no separate number is issued. The complaint must also go to the plaintiff’s attorney when issued for service. If a third-party case is separated and its claimant files a new case against that party, the court cannot combine the cases. The law takes effect 120 days after becoming law and covers cases pending on or after that date. Third-party claims already filed and served before that date are exempt.