New York’s third-party practices in civil litigation will look a lot different beginning next month. The “AVOID” (“Avoiding Vexatious Overuse of Impleading Delay”) Act, which substantially limits the time in which a defendant can implead a third party, goes into effect April 18, 2026.
New York State’s Civil Practice Law and Rules (“CPLR”) Section 1007 allows defendants to bring new parties into a lawsuit under certain circumstances. The procedural mechanism is called “impleader,” which occurs when a defendant commences a lawsuit against a third party that the defendant thinks may be liable to the defendant for the plaintiff’s alleged injuries or damages. For example, assume that a car accident involves three cars in single file. The plaintiff (in the first car) sues the defendant, the driver of the car behind her. However, the defendant believes that the accident was caused by the rear car which struck the defendant (who in turn struck the plaintiff). In that case the defendant (in the middle car) would likely implead the driver of the rear car and claim that the driver of the rear car is liable (either in part or in full) for the plaintiff’s injuries.
Historically, CPLR 1007 did not state that a defendant had to implead a third party within a certain period of time—until now. Under the AVOID Act, a defendant seeking to implead a thirdparty must file and serve a third-party summons and complaint within 60 days of the date that the defendant answers the complaint if there is a contractual relationship between the defendant and the party to be impleaded. If there is no contractual relationship between the two, the defendant must file and serve the summons and complaint within 60 days of the date that the defendant becomes aware that the person to be impleaded is or may be liable to the defendant. In cases where successive impleaded party seeks to commence their own third-party actions, the time frame becomes shorter with each new impleaded party. The shortest applicable time period pursuant to the statute is 20 days.
An exception exists in actions in actions where an employee sues for on-the-job injuries. If the defendant in an employee accident suit is seeking contribution or indemnification for a “grave injury,” the time to file and serve a summons and complaint is longer. According to the Act, the defendant has 120 days to commence such an action however, it is unclear when that time begins to run in cases where the employer’s identity is initially known to the impleading party. Based upon the remainder of the new statute, it appears that the period will begin to run when the defendant files its answer. If the name of the employer is initially unknown to the defendant, the 120 day period begins to run when the defendant learns the identity of the employer.
Client and practitioners should be aware of the impact of the Act on stipulations extending a defendant’s time to answer. The time periods set forth in the statute cannot be extended for more than 30 days absent a court order.
Additionally, the law applies to cases in suit on the effective date, but does not apply to any third-party summons and complaint filed and served prior to the effective date of the act. The statute does not provide a grace period for cases in which the applicable period has expired as of the effective date, and cases involving such facts will likely be the subject of litigation in the near future.
This new legislation represents a marked shift in third party practice, impacting litigants and practitioners. When seeking representation, defendants should inform prospective attorneys about the identity of relevant third parties as early as possible. Likewise, practitioners representing defendants should ask for such information as soon as possible upon taking on new matters.
