For decades, defense attorneys in New York enjoyed massive flexibility when bringing in third parties. Under the old rules of CPLR 1007, you could file an impleader action almost anytime during discovery, as long as it didn't cause extreme delay. That era of procedural freedom is officially over.
Thanks to the "Avoiding Vexatious Overuse of Impleading to Delay" (AVOID) Act, third-party practice now faces strict deadlines and heavy judicial oversight. Here is what you need to know to protect your clients.
The New Rule: The 90-Day Window
The biggest change is the addition of CPLR 1007(b). A defendant must now file a third-party summons and complaint within 90 days of serving their initial answer. If you miss this window, your automatic right to implead vanishes. To bring in a third party after 90 days, you will have to file a formal motion and get permission from the judge.
Other Strict Deadlines to Watch
The 90-day rule doesn't live in a vacuum. The AVOID Act introduced a few other tight deadlines you need to track:
- The 20-Day Service Sprint: Once filed, you only have 20 days to serve the third-party defendant—not the standard 120 days.
- The Note of Issue Bar: You cannot file a third-party action after the plaintiff files a Note of Issue unless you can prove rare "good cause."
- The One-Year Consent Lock: If you try to implead someone more than a year after your initial answer, you will need both court permission and the plaintiff's written consent.
The Practical Takeaway
The strategy for construction defense, commercial litigators, and insurers must shift immediately.
In complex cases—like New York Labor Law or construction defect disputes—defendants historically waited for depositions to uncover which subcontractors were truly at fault. Under the new law, waiting for depositions will blow your 90-day deadline. Defense counsel must now conduct aggressive, front-loaded investigations before or immediately after a lawsuit is filed. If you don't identify your third-party targets early, you risk being locked out of the impleader process entirely.
Protect Your Rights—Act Early
Navigating these compressed timelines requires a proactive, fast-moving legal team. Our firm specializes in aggressive, early-stage defense strategies that identify third-party liabilities long before the 90-day window closes. If you are facing a complex multi-party lawsuit in New York, do not let the clock run out on your defense. Contact Christopher Heyer at cheyer@scura.com or call (973) 696-8391 to schedule a consultation.
