New YorkS 88092025-2026 Regular SessionSenate

Relates to the time frames for certain court filings

Sponsored By: Joseph P. Addabbo Jr. (Democratic)

Signed by Governor

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Defendants face tighter lawsuit filing limits

Defendants, including those added later, generally have 90 days after serving an answer to file claims against another party. A court can order otherwise. After a case is marked ready for trial, adding another party requires good cause or the interest of justice. Claims that break these limits must be separated or dismissed without blocking a later filing. After separation, a new case against that party cannot be combined with the original case. The rules apply to cases started on or after the applicable effective date, excluding third-party claims already filed and served.

Employer lawsuit exception has conflicting deadlines

The law provides a special route for defendants to bring claims against the person suing them’s employer. However, the supplied descriptions conflict on important limits. The backing provision gives 90 days without a court order, measured from the later of learning the employer’s identity or knowing, or having reason to know, of a grave injury. The bill summary instead requires filing and service within 120 days, for grave-injury contribution or indemnification claims or late discovery of the employer’s identity. It also requires written consent from the plaintiff and court before proceeding. This chunk does not resolve which deadline and approval rules govern.

Lawsuit delivery rules need source clarification

The bill summary requires delivery of listed lawsuit papers within 120 days after a case starts. When the time limit to start a case is four months or less, delivery is due within 15 days after that limit expires. Missed deadlines require dismissal against the affected defendant, unless the court extends time for good cause or the interest of justice. The supplied descriptions conflict on third-party claims: the summary includes them, while the backing provision removes them without stating a replacement deadline. The summary lists a general 120-day effective-date delay but also ties the main changes to the 2025 AVIOD law’s timing; no calendar date is supplied.

Sponsors & Cosponsors

Sponsor

  • Joseph P. Addabbo Jr.

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 222 • No: 0

House vote • 2/11/2026

Assembly floor vote

Yes: 141 • No: 0

Senate vote • 2/4/2026

FLOOR Vote

Yes: 62 • No: 0

committee vote • 1/20/2026

Rules Committee Vote

Yes: 19 • No: 0

Actions Timeline

  1. SIGNED CHAP.79

    2/13/2026Senate
  2. DELIVERED TO GOVERNOR

    2/13/2026Senate
  3. RETURNED TO SENATE

    2/11/2026House
  4. PASSED ASSEMBLY

    2/11/2026House
  5. ORDERED TO THIRD READING RULES CAL.80

    2/11/2026House
  6. SUBSTITUTED FOR A9502

    2/11/2026House
  7. REFERRED TO JUDICIARY

    2/5/2026House
  8. DELIVERED TO ASSEMBLY

    2/4/2026Senate
  9. PASSED SENATE

    2/4/2026Senate
  10. ORDERED TO THIRD READING CAL.87

    1/20/2026Senate
  11. REFERRED TO RULES

    1/8/2026Senate

Bill Text

  • Original

    1/8/2026

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